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Does South Dakota mandate IIDs for those convicted of a DUI?

On Behalf of | Sep 23, 2022 | Criminal Defense |

Those accused of driving under the influence (DUI) offenses in South Dakota will face multiple possible criminal penalties if they plead guilty or the courts convict them. A judge can sentence them to incarceration in state facilities or probation. The defendant may have to pay a sizable fine. Their driving privileges are also at risk.

License suspensions are a common punishment following a DUI charge. Drivers may also find themselves subject to expensive breath alcohol monitoring requirements.

Will South Dakota mandate breath testing?

You can lose your license for anywhere from 30 days to three years, depending on the number of previous DUI charges you have on your record. When you hope to regain driving privileges, you may need to install an ignition interlock device (IID) in your vehicle.

A first-time DUI may lead to up to a year of mandatory IID use if you wish to drive. Second offenses carry an average of two years with an IID installed, and those with multiple prior offenses can expect a several-year obligation for IIDs too. You may also need to participate in the 24/7 Sobriety Program.

Much is left to the discretion of the judge presiding over your case, but it is quite common for those with a DUI conviction to need to install an IID in their vehicle for at least a few months. An IID could be convenient for those who must participate in the 24/7 Sobriety Program, as they may not always need to visit a state facility for testing twice daily but could instead perform vehicle-based tests. They will, however, still need to perform testing twice daily even if they don’t intend to drive.

Knowing the penalties can motivate a defense

An IID requirement can be both embarrassing and expensive, even if it does establish a paper trail showing you have remained sober consistently and have not tried to drive after drinking. When you realize that you will lose your driving privileges and have to pay quite a bit to prove that you deserve to regain them, trying to defend yourself against a conviction may become a more reasonable option.

Learning more about the consequences of South Dakota DUI charges can help those hoping to minimize the lasting consequence of their recent arrest.