Tenacious Sioux Falls Criminal Defense Lawyers Serving Those Accused In South Dakota

Last updated on September 1, 2026

We have experience in all aspects of criminal defense in both state and federal courts. No case is outside our realm of expertise. In fact, Attorney Grant G. Alvine is a former prosecutor with dozens of trials. Attorney Zachary T. Flood has defended clients in capital cases, murder trials, and everything in between. Our entire team will work to protect your rights, which are guaranteed by our Constitution. We will fight for you.

Know Your Rights

• You have the right to be represented by a lawyer.
• You are presumed innocent and the burden of proof lies with the government.
• You have the right to remain silent as guaranteed by the Fifth Amendment.
• You have the right to a speedy public trial.
• You have the right to an impartial trial.
• You have a right to confront witnesses brought against you.
• You have the right to subpoena witnesses for your defense.
• You have protection against cruel and unusual punishment.
• You have a right to appeal your conviction to a higher court.

Alvine Law Firm, LLP, is proud of the professional relationships developed with each client. We strive to keep you informed of the progress of your cases by responding quickly to questions or concerns and promptly returning phone calls. Fighting a criminal case can be very complicated. Know you have experienced legal defense on your side!

What to do after getting a DUI

If you have been charged with a DUI do not make the mistake of representing yourself in court. There are many variables that play into effect in determining guilty or not guilty. Hiring a criminal attorney ensures that the officers acted accordingly to bring a charge against you.

Here are some questions that a legal expert can help you review:

• Did the cop have reasonable suspicion to pull you over?
• Was the cop justified and taking your blood or searching your car?
• Were the field sobriety tests conducted in a reasonable and professional manner or any of these things admissible in court?
• Did the law enforcement officers seek a warrant?
• Where your Miranda rights read properly for any questioning done for you?
• What does the video and dashcam footage of the police car show are you actually guilty of the crime that they are alleging?

Call us today. Do not wait to get the justice you deserve.

Other Case Examples

• Driving Under the Influence (DUI or DWI)
• Federal Court
• Homicide
• Murder
• Attempted Murder
• Aggravated Assault
• Juvenile Crimes
• Burglary
• Driving after suspension or revocation
• Intentional damage to property
• Arson
• Drug charges (Marijuana, THC, Meth, etc.)
• Fraud
• Robbery
• Manslaughter
• Sexual assault
• Rape

If you need an experienced, dedicated attorney to represent you in a criminal case, contact us today by calling 605-476-3974 or using our online contact form.

Frequently Asked Questions About South Dakota Criminal Defense

What is the penalty for a first-time DUI in South Dakota?

In South Dakota, state law generally classifies a first-offense DUI as a Class 1 misdemeanor, carrying a potential maximum penalty of up to one year in county jail and a fine of up to $2,000. Additionally, the court can revoke your driving privileges for a minimum of 30 days, which may extend up to a full year. Judges may also order defendants to complete a chemical dependency evaluation and participate in the state’s 24/7 Sobriety Program, which requires daily breathalyzer testing or alcohol monitoring bracelets as a condition of probation.

Are THC vape pens and concentrates treated the same as marijuana in South Dakota?

No, South Dakota law draws a strict legal distinction between plant-form marijuana and manufactured concentrates or THC vape cartridges. While prosecutors typically charge simple possession of small amounts of leaf marijuana as a Class 1 misdemeanor, the state prosecutes possession of controlled substances like hashish, THC wax or vape oils as a Class 5 felony. A felony conviction carries a potential sentence of up to five years in the state penitentiary and fines up to $10,000.

Can I refuse a breathalyzer or blood test in South Dakota?

Under South Dakota’s implied consent law, the state deems that drivers give consent to chemical testing simply by operating a motor vehicle. You maintain the physical ability to refuse an evidentiary breath test or chemical blood draw, but your refusal can trigger an administrative process resulting in an automatic one-year revocation of your driver’s license. Furthermore, law enforcement officers can quickly secure an electronic search warrant from a judge to compel a mandatory blood draw despite your refusal.

What is the difference between state and federal criminal charges?

Local state’s attorneys prosecute state criminal charges in circuit courts for violations of South Dakota law, covering most local offenses like DUIs, theft or state drug charges. United States Attorneys prosecute federal charges in federal district court when alleged crimes cross state lines, violate federal statutes, occur on tribal or federal property or fall under federal agency investigations like the FBI or DEA. Federal cases carry significantly higher stakes because federal prosecutors usually build extensive evidence before filing charges, and federal judges must follow strict statutory sentencing guidelines that limit judicial leniency.

Can a criminal conviction be expunged from my record in South Dakota?

South Dakota maintains narrow statutory criteria for expungement, primarily reserving record sealing for cases where a court or jury grants an acquittal, a judge orders a full dismissal or prosecutors never formally file charges. Defendants may qualify for record removal on certain minor misdemeanor offenses and deferred prosecutions after meeting specific statutory conditions and waiting periods. However, state law generally prohibits the expungement of felony convictions, leaving an executive pardon from the governor as the only alternative for clearing a felony record.