DUI Law in Rapid City, SD
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Rapid City, South Dakota who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Rapid City, South Dakota
DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Rapid City law firm on your side to fight for you and your rights.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in Rapid City, South Dakota, you can count on fines being a part of your sentencing. According to the South Dakota State’s Attorney, fines for DUIs in Rapid City can range from $450 to $20,000. Your fine will be dependent on whether you have any prior DUI offenses or any aggravating circumstances.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail Time
Jail time is mandatory, even for first-time offenders in Rapid City. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
Probations of up to one year are common for Rapid City DUI offenders. However, your sentence will ultimately be at the judge’s discretion. Probationers in Rapid City typically report to an officer with the Pennington County Court Services. The terms of your probation can include fees, community service, and substance abuse treatment. In addition, you may be subject to drug and alcohol testing or having an ignition interlock device installed on your vehicle.
If you violate these terms, South Dakota law allows the judge to impose stricter terms or send you to jail. Fortunately, you have the right to counsel at your probation violation hearing. Therefore, having a Rapid City attorney on your side can give you the best chance for a positive outcome.
Drug and Alcohol Education Program
Following a Rapid City DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
A DUI education course for offenders in Rapid City is provided by the Pennington County DUI Program. The program consists of 12 hours of classes and costs $150. It is primarily designed for first time offenders, but can be ordered for subsequent offenses in some cases.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Rapid City, South Dakota?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With DUI Law
Immediately following your DUI arrest, you need to contact an experienced Rapid City DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Rapid City, South Dakota has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Rapid City, South Dakota you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
Your license will typically be suspended immediately when you are arrested for a DUI in Rapid City. Under South Dakota law, you can request an administrative hearing within 120 days of the arrest. This request should be made to the Department of Public Safety. The Secretary of Public Safety will determine if the revocation was lawful and if you are eligible for limited driving privileges.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Rapid City. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Rapid City, South Dakota
Should you ever find yourself charged with a DUI, you need to work with an experienced Rapid City lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across South Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
