A third DUI in South Dakota is a felony. Prior convictions from Wyoming count towards that number, and most people find out too late about it.
A third DUI conviction in South Dakota is a felony, not an enhanced misdemeanor. It is a Class 6 felony under SDCL 32-23-4, which carries up to two years in the state penitentiary and revocation of a license that does not begin until you are released from prison. And if one of these earlier convictions occurred in Wyoming, it still counts in South Dakota.
Just Criminal Law defends drivers charged with DUI in Rapid City and throughout Pennington County. Our founding attorney, Christina L. Williams, is a former prosecutor. The firm is licensed in both South Dakota and Wyoming, which matters more than most people realize when a case crosses the state line.
South Dakota DUI Law and the Numbers That Matter
The offense is covered by SDCL 32-23-1, which deals with alcohol, marijuana, and controlled substances. There is no separate DWI (driving while intoxicated) charge in this state. The blood alcohol limits depend on your age and status:
- For adult drivers, the limit is 0.08%.
- For drivers under 21 years old, the limit is 0.02% under SDCL 32-23-21.
- For anyone operating a commercial vehicle, the limit is 0.04%.
- 0.17% is not a specific limit, but it triggers a chemical dependency evaluation and the 24/7 program.
You can also be convicted without a number at all if the state proves that the substance has left you incapable of driving safely. Prescription medications count. So does marijuana, and South Dakota does not set a per se THC limit, which is a double-edged sword in a drugged driving case.
Then there is the phrase that catches people who think they are being responsible: actual physical control. You don’t have to be driving. Sitting in the driver’s seat of a parked car with the keys within reach was enough to support a charge. People who stop to sleep it off are arrested here more often than you might expect.
Penalties Escalate Faster Here Than in Most States
| Offense | Classification | Maximum Penalty | License Revocation |
| First | Class 1 misdemeanor (SDCL 32-23-2) | 1 year county jail, $2,000 fine | Minimum 30 days |
| Second | Class 1 misdemeanor (SDCL 32-23-3) | 1 year county jail, $2,000 fine | Minimum 1 year |
| Third | Class 6 felony (SDCL 32-23-4) | 2 years penitentiary, $4,000 fine | Minimum 1 year from sentencing or release, whichever is later |
| Fourth | Class 5 felony (SDCL 32-23-4.6) | 5 years penitentiary, $10,000 fine, with a mandatory prison term | Minimum 2 years |
| Fifth or more | Class 4 felony (SDCL 32-23-4.7) | 10 years penitentiary, $20,000 fine, with a mandatory prison term | Minimum 3 years |
The 24/7 Sobriety Program
Twice a day, every day, at a law enforcement office, at your own expense – that is the program. It is authorized by SDCL 32-23-23 and it is commonly ordered as a condition of any driving permit if you have had a prior DUI within the last ten years or had a high BAC. If you miss a test, you are usually placed in custody on the same day.
Your License and Your Criminal Case Move on Separate Tracks
These are two proceedings, not one. People lose their license simply because they do not know about it.
If you refuse the chemical test, the officer will serve you a notice of intent to revoke your license. This notice works as a temporary license. Under SDCL 32-23-11, you have to demand a hearing with the Department of Public Safety within 120 days of your arrest, and if you fail to ask for a hearing, it will be waived entirely. A first refusal usually means a one-year suspension, and this suspension will remain in effect even if the criminal charges are later dismissed.
Refusing to do something does not keep it out of evidence. SDCL 32-23-10.1 makes it admissible in court. If you take the test, the revocation will come with a conviction, so criminal defense and license outcomes cannot be handled separately.
How a South Dakota DUI Follows You Home
South Dakota belongs to the Interstate Driver’s License Compact. Your conviction is reported to your home state, and that state applies its own penalties on top of what the South Dakota court has ordered. Some states are harder hit than South Dakota.
Drivers licensed in Wisconsin, Tennessee, Georgia, Massachusetts or Michigan sit outside the compact, though other reporting channels still reach them. CDL holders do not get such a gap. Federal disqualification rules apply nationwide and a commercial driver charged with 0.04% fights for a career, not just a license.
What South Dakota Does Differently Than Wyoming
| South Dakota | Wyoming | |
| Sobriety checkpoints | Permitted and used, including around major events | Not authorized; officers need reasonable suspicion for the stop |
| Felony threshold | Third offense | Fourth offense within 10 years |
| First refusal | Up to a one-year revocation | Six-month suspension |
| 24/7 Sobriety Program | Statewide, frequently ordered | No statewide equivalent |
How DUI Cases Move Through Pennington County
Rapid City cases are heard in the Seventh Judicial Circuit at the Pennington County Courthouse, 315 St. Joseph Street. First and second offense DUIs are typically handled in magistrate court. A third or subsequent charge is a felony and proceeds through circuit court, with a preliminary hearing or grand jury indictment before arraignment.
Pennington County also operates DUI Court and Drug Court. For repeat offenders facing mandatory prison time, one of these programs can be the difference between prison and home supervision. Eligibility is not automatic, so it must be pursued early.
Arrested in Rapid City, Licensed Somewhere Else
This is a large part of our South Dakota practice. Sturgis Rally riders, Black Hills visitors, and Wyoming residents who were only passing through Pennington County all end up in the same courtrooms.
- One attorney, two states: Licensed in South Dakota and Wyoming. A client with cases in both states doesn’t need to hire two separate firms.
- For misdemeanors, your attorney can often represent you in court. This means you don’t have to travel back to Rapid City for each hearing.
- Your home state will be notified. Through the Driver License Compact, South Dakota convictions are reported back, and your home state may impose its own penalties under its own laws.
- Both ways, the record is kept. A DUI in Wyoming on your record can cause a South Dakota offense to be upgraded.
Why Rapid City Drivers Choose Just Criminal Law
A former prosecutor reads the file. Christina L. Williams built these cases before she started taking them apart.
Both sides of the state line. Wyoming and South Dakota, one firm, one strategy.
Criminal defense is all we do. No divided attention across unrelated practice areas.
25+ years and 10,000+ cases across Wyoming and western South Dakota.
Charged With DUI in Rapid City or Pennington County?
Criminal convictions carry lifelong consequences, and you only get one chance at justice. Contact Just Criminal Law for a case review. We are licensed in Wyoming and South Dakota, and a former prosecutor will review your case.
