What happens when I am suspected of driving under the influence on my motorcycle?

To stop you, a police officer has to have reasonable suspicion that you are operating your motorcycle while impaired – but almost any reason they can articulate, including allegations of reckless driving, is enough to justify a DUI stop. Once that happens, you can expect an officer who suspects you are under the influence of drugs or alcohol to ask you probing questions as they try to gather more information. The officer may also ask you to participate in roadside sobriety testing. These tests, which include the “walk and turn” and the “horizontal gaze nystagmus” tests, are not required. They are extremely unscientific and unreliable, so even sober drivers can easily fail them. The officer may also ask you to take a chemical test, such as one involving a Breathalyzer-type device, to determine your blood alcohol content (BAC). You are free to decline chemical testing right until an officer puts you under arrest for suspicion of drunk driving. Once that happens, South Dakota’s implied consent rule kicks in. This means that you agreed to participate in chemical testing in exchange for the privilege of having a motorcycle license. At that point, declining to participate in chemical testing will expose you to serious secondary penalties, including an automatic license suspension (or revocation, depending on the circumstances). Reinstating your license can prove difficult, even if you are not ultimately convicted of drunk driving, especially without the help of a Rapid City motorcycle DUI lawyer.

Protecting Your Rights. Defending Your Freedom.

A DUI Attorney Defending Motorcyclists In The Rapid City Area

Q: Should I plead guilty to DUI without talking to a drunk driving attorney in Rapid City?

No one accused of drunk driving should ever plead guilty without fully exploring all their defense options with the help of an experienced lawyer.

Last updated on April 21, 2026

Sturgis and Meade County attract thousands of motorcycle riders every year. However, law enforcement also heavily targets riders in this area. A conviction for driving under the influence (DUI) of drugs or alcohol can jeopardize your privilege to drive your motorcycle. If you are facing charges for DUI on a motorcycle, you need the representation of a criminal defense lawyer.

The attorney at Andrews Law Office, LLC, has been representing clients throughout Rapid City, Sturgis and the surrounding areas for more than 30 years. Whether you are someone living in the area or were just passing through, Paul J. Andrews is prepared to fight your charges and work to shield you from the penalties of a conviction.

Call our Rapid City motorcycle DUI lawyer at 605-638-9728 or send us an email for help.

DUI In South Dakota: What To Know

If you are arrested in Pennington County, the court typically sets bond during your first court appearance. This hearing usually takes place via video from the jail. You may be required to pay the full amount in cash. Otherwise, you may work with a local bail bond agency to secure your release.

Depending on the details of your case and number of prior convictions, you may be facing penalties such as:

First offense: Up to one year in prison, up to $2,000 in fines, a revoked license for 30 days and even a court-ordered consultation for chemical dependency
Second offense: Up to a year in prison, $2,000 in fines and up to a year of a revoked license
Third offense: Up to two years in prison, $4,000 in fines and a revoked license for up to one year
Fourth offense: Up to five years in prison, $10,000 in fines and a revoked license for at least two years
Fifth or more offense: Up to 10 years in prison, $20,000 in fines and a revoked license of at least three years

No matter how difficult your case may seem, attorney Andrews will explore all options when crafting a strong defense to protect your rights and freedom.

Standing Up For Sturgis Rally Attendees Facing DUIs

As an attorney serving the Rapid City area, Mr. Andrews is very familiar with the Sturgis Motorcycle Rally. A 10-day event and the largest motorcycle rally in the world, Sturgis sees dozens of DUI charges every year. If you are among those charged, he can help. He can protect your rights by reviewing police conduct and breathalyzer accuracy for errors. He is highly familiar with the local courts of Meade County and their requirements. If you live out of state, he can represent you on the ground and attend hearings so you do not have to travel back to South Dakota repeatedly.

How To Protect Your CDL From A South Dakota DUI

If you are a commercial driver, the stakes of a DUI are even higher. Your case may not stay in the Black Hills. A conviction, or even just a charge, can jeopardize your CDL. South Dakota participates in the Driver License Compact. The authorities will notify your home state of a conviction or an administrative suspension. Depending on your home state’s CDL laws, you could face CDL suspension or revocation or your employer might discipline you.

Paul knows how urgent it is to keep your CDL at all costs. He coordinates with your home state’s DMV rapidly to do everything in his power to minimize the consequences. He is familiar with the CDL regulations in numerous states, from North Dakota to Colorado and beyond.

Paul’s Local Advantage For Out-Of-State Riders

Many of the firm’s clients come from out of state. However, your attorney can appear in court on your behalf for many misdemeanors. You would not necessarily have to travel back to Rapid City for every court date or status hearing.

It is immensely helpful to have a local DUI defense attorney who can assist you when you are not in South Dakota. Paul has handled hundreds of DUI cases in Sturgis, Rapid City, Deadwood and Keystone, to name just a few. He knows the procedures of each local jurisdiction. He attends nearby court proceedings and files documents locally for his clients. Paul coordinates with the court to manage filings and explore remote appearance options whenever possible.

Common Questions About Motorcycle DUI Charges

What happens if I am pulled over on suspicion driving under the influence on my motorcycle?

To stop you, a police officer has to have reasonable suspicion that you are operating your motorcycle while impaired. Almost any reason they can articulate, including allegations of reckless driving, is enough to justify a DUI stop.

An officer might try to ask you probing questions to gather more information.
The officer may also ask you to participate in field sobriety tests (FSTs). These tests, are not mandatory. You have the right to turn them down, as they are unscientific and unreliable.
The officer may also ask you to take a chemical test involving a Breathalyzer-type device to determine your blood alcohol content (BAC). You may decline chemical testing, but then the state’s implied consent rule kicks in. If you refuse a BAC test, you lose your motorcycle license privileges in South Dakota.

Reinstating your license can prove difficult, even if you are not convicted of drunk driving, especially without the help of a Rapid City motorcycle DUI lawyer.

What’s the difference between driving high versus driving drunk?

The threshold for a South Dakota BAC level to make you legally impaired is .08%. (Although you can be charged at lower amounts in certain circumstances.) There is no minimum amount of drugs that have to be in your system for you to be charged if the officer thinks they can show that you are impaired.

Should I plead guilty to DUI without talking to a drunk driving attorney in Rapid City?

No one accused of drunk driving should ever plead guilty. Exploring all of your defense options with the help of an experienced criminal defense lawyer.

Highly Experienced South Dakota DUI Defense Attorney

There are many ways to defend against DUI charges that may apply to your case. Common defenses against these charges include:

Proving a police error, such as not giving you a chance to contact an attorney
Faulty testing equipment to determine blood alcohol content (BAC) levels
Lack of probable cause to conduct a DUI stop or make the resulting arrest
Inaccurate or invalid field sobriety tests
Lack of evidence

At his firm, Mr. Andrews takes the time to review all the details in his clients’ cases and scrutinize the prosecution’s evidence to find any opportunity to overcome the charges against them. If beating the charges does not seem possible, then he explores opportunities to reduce the charges and sentencing in his pursuit of representing his clients’ best interests.

Talk To A Sturgis Motorcycle DUI Defense Lawyer Now

If you think that you are going to be facing DUI charges or you already are, it is time to look up Andrews Law Office, LLC. Meet with a South Dakota criminal defense attorney who can help you. Call 605-638-9728 or send him an email today to schedule a consultation.