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DWI or DUI Court Referral Programs in South Dakota

If you have been pulled over and arrested for a drinking and driving offense in South Dakota there are a few things that you can do to help stay out of jail and hopefully, avoid a life-changing DUI conviction. Depending on the type of charges you have, you may be required to complete a DWI or DUI Court Referral Program in South Dakota. The state of South Dakota has a zero-tolerance law when it comes to drinking and driving. The DUI law chapter 32-23, states that it is against the law for any person to drive a motor vehicle while under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or greater. It is illegal for a driver under the age of twenty-one to operate a motor vehicle after having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person’s body. Treatment Courts, or Problem Solving Courts help each person receive an individualized, evidence-based treatment plan, while probation officers ensure close community supervision. 

A DUI or DWI conviction in South Dakota is not something to be taken lightly. It can have serious life-altering consequences far-reaching into many areas of your life. We have helped thousands of people over the years avoid significant jail time, fines, and license revocation periods. Getting help for underlying alcohol addiction will help the courts determine if you are taking full responsibility for driving under the influence and breaking the law. Call us today and let us help you with your drinking and driving arrest and help you find an alcohol recovery program. Addiction No More ® can not give legal advice however if you are looking for rehabilitation for addiction we can help you find treatment in your area or anywhere in the country. Give us a call today and we can help. 


What to do if you have been arrested for drinking and driving

Drinking and driving in South Dakota can be a serious offense and the consequences can have life-changing outcomes. If you have been pulled over, make sure that you know your rights and remain courteous at all times. Being compliant and courteous can have an effect on the outcome of the court’s layout as punishment.

Driving under the influence: Driving under the influence (DUI) Driving while intoxicated (DWI) and operating a motor vehicle under the influence (OUI). These are the common terms used to describe operating a motorized vehicle under the influence of alcohol or drugs. In South Dakota, driving while intoxicated is considered a misdemeanor and is subject to the state’s laws regarding driving while drunk.

DWI/DUI diversion rehabs in South Dakota are very familiar with the court-mandated treatment requirements that the courts have imposed for their court-ordered alcohol rehab centers. Some court-ordered DUI deferment programs will include alcohol evaluations and at the very least, alcohol and drug classes for first-time offenders. This can cost anywhere from $1000 to $2500 with the fines, not including lawyer fees and bail.

If this is your second offense, getting involved in a treatment program for alcohol abuse will not only help your ongoing DWI-DUI case but benefit you as well. You should always enter into an alcohol treatment program knowing that there is a need for a change before something worse happens. Driving and Drinking can cost you your life or even worse someone else life. Treatment programs in South Dakota for criminal justice clients will work with the court system to handle all the requirements for treatment to be considered time served. Once all the financial consequences are paid by the defendant and community service is completed, the South Dakota district court may terminate the probation period.

Driving under the influence can damage many people’s lives other than yourself. Getting treatment for your alcohol dependency can help you understand that the risks of drinking and driving heavily outweigh the rewards. Sometimes, all it takes is to talk to someone who has had the burden of having someone die due to their alcohol consumption and driving under the influence. Our counselors are ready to take your call 24 hours a day, 7 days a week.


Sobriety check point road sign, "Defendants who successfully complete DWI or DUI Court Referral Programs in South Dakota have their drug case dismissed. The program runs 6-9 months and involves individual and group counseling, acupuncture, and programs of educational, vocational training and job placement."

DUI First-Offender and Diversion Programs

Getting a DWI or DUI offense in South Dakota is a class 1 misdemeanor. The maximum sentence under the law is 1 year in jail, a $2,000 fine, and a driver’s license revocation of at least 30 days. A typical DWI or DUI first offense does not include actual jail time.

The laws are different in each state for DWI offenses that allow for deferment programs instead of jail time. Some states, depending on the circumstances, will mandate treatment and community service. Some of these mandates can be handled while in treatment for alcohol abuse. South Dakota has a deferment program for first-time DWI offenders as long as there are no injuries, accidents, or drugs involved. If you have been arrested for your second DWI/DUI in South Dakota, it is highly recommended that you give us a call to find out your options for a deferment program instead of jail time. This will help with the possible consequences that the courts may impose on you. Drinking and driving can have serious outcomes including vehicular homicide, aggravated assault with a deadly weapon, and other very serious charges. When a minor is involved, there are more serious outcomes that the courts in South Dakota can impose on the offender. If there has been an accident or death due to drinking and driving there will be significant jail time imposed as well as the knowledge that your indulgence cost someone their life.

Penalties for driving under the influence of alcohol in South Dakota

First Offense: First conviction of an alcohol-related driving offense that results in a DUI conviction and the courts can order up to one year in prison, $2,000 in court-related fines, and driving privileges revoked or suspended for up to one year with a 30-day minimum suspension. Those who are pulled over for driving drunk with a BAC over .17  will be ordered to do an alcohol dependency evaluation and take into consideration the recommendations of the center administering the evaluation. Court-ordered alcohol treatment may or may not be part of the sentencing at the discretion of the presiding judge. All subsequent DUI convictions will include an alcohol dependency evaluation with recommendations for the courts to take into consideration. Treatment may be required for repeat DUI offenders.

Second Offense: 2nd DUI conviction within 10 years of a previous conviction in South Dakota— courts will order one or all of the following, up to 1-year driving privileges suspended, fines up to $2,000, and up to one year in jail.

Third Offense: 3 DUI convictions in South Dakota Within 10 years of a previous conviction and the courts will mandate one or all of the following penalties. Driving privileges will be suspended for a period of at least one year, fines up to $4,000, and a prison sentence of up to 2 years.

South Dakota has specific drinking and driving laws and penalties for people who have been convicted of a DUI/DWI. There are minimum and maximum fines and penalties that are at the discretion of the judge and prosecuting attorney depending on many different factors and circumstances surrounding the case.

Find Deferred Prosecution Rehabs Near Me

We can help you locate treatment for addiction in your area or anywhere in the country. To locate AA meetings, group meetings, 12-step programs, inpatient treatment, or outpatient services in your town give us a call. There are many options for drug rehab services in many cities in South Dakota.

Aberdeen, SD Alcoholism Rehabs
Madison, South Dakota Alcohol Addiction Treatment
Mitchell, South Dakota Drug & Alcohol Rehabilitation
Rapid City, SD Substance Abuse Treatment
Sioux Falls, SD 30/90-Day Treatment Centers
Spearfish, South Dakota Inpatient Alcohol Rehab Programs
Sturgis, South Dakota Treatment Centers for Addiction
Watertown, SD Alcohol Detox Centers, and Rehab Facilities

Treatment for alcoholism in place of jail time in South Dakota is a very common outcome for those seeking help to end their addictions. If you have an open DWI case in South Dakota, call us and we can help you locate a deferment program in your county that works with DUI and DWI offenders. We can help you find the best rehab center for alcohol misuse today. Addiction No More ® is an Addiction Treatment Center locator service. For immediate service, please call one of our counselors 24/7.



States Attorney Office DWI
Problem-Solving Courts SD
DUI Court Participation Handbook
South Dakota Driving Laws

Erik Epp – Content Author

DWI or DUI Court Referral Programs in South Dakota
Service Type
DWI or DUI Court Referral Programs in South Dakota
South Dakota county courts dwi and dui alcohol convictions
If you have been pulled over and arrested for a drinking and driving offense in South Dakota there are a few things that you can do to help stay out of jail and hopefully, avoid a life changing DUI conviction. A DUI or DWI conviction in South Dakota is not something to be taken lightly. It can have serious life changing consequences far-reaching into many areas of your life.


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