Locations in Sioux Falls & Mitchell

Don’t Wait. Call a DUI Lawyer.

Alvine Weidenaar, Criminal

If you have been arrested for DUI, you should not have to face the legal process alone. Our legal team has helped thousands of clients with their DUI charges at Alvine Law Firm, LLP. We encourage you to call us right away if you are in this situation to get the legal services you need and deserve. 

As a reputable Mitchell, South Dakota, DUI lawyer, you can count on us to help you achieve the best possible outcome for the criminal charges you face. 

DUI Charges in South Dakota 

If you get behind the wheel after having a few drinks, you probably don’t think much about the legal impact that may occur if the authorities pull you over. Unfortunately, DUI charges can range in severity depending on whether you have ever been arrested for or convicted of this crime. 

We hope you never find yourself in this situation, but if you do, your first call should be to our criminal defense attorneys. 

Reasons You Need the Help of a Criminal Defense Attorney

You may wonder if you really need to hire an attorney if you are arrested for DUI. It is worth noting that attorneys come with a cost, and you may believe that being at the mercy of the courts would be less expensive than trying to hire and pay for legal services. 

While you can proceed without legal representation, if you face a second or third DUI charge, you don’t want to take the risk that comes with self-representation. The ramifications of these charges are significant and can impact you for the rest of your life. 

Some of the specific reasons you should hire a South Dakota DUI attorney for help with your case include the following:

  • The attorney you hire has the legal experience needed to navigate a trial and the courtroom.
  • The consequences may be less severe if you have an attorney representing you. 
  • The attorney may be able to negotiate with the prosecuting attorney to achieve a reduced penalty for the charges you are facing. 
  • DUI cases are often complex when it comes to looking at the details of the case, particularly when reviewing the breathalyzer and BAC results. 
  • An attorney will help you get the best possible outcome for your case. 

If you are convicted of even a first DUI charge, you will face severe penalties, such as a mark on your criminal record, jail time, increased insurance premiums, the loss of your license, and social stigmas. 

With the help of an attorney, you don’t have to worry about facing the process of fighting DUI charges alone. Our attorneys will work to help you with your case and provide proof that your charges should be reduced or dismissed. 

Our Legal Services 

When you contact our legal team, you will find that we are dedicated to helping our clients with their cases. We will see you through the entire legal process, from start to finish. When you access our services, you have the best chance of a positive or successful case outcome. We have helped navigate complex DUI situations by providing a solid legal defense to our clients that they can count on. When you contact our law firm, some of the services you can count on include the following:

  • A review of your case to strategize the best approach to it
  • An entire legal team that will work to see if there are things we can do to help have the charges against you dropped or reduced
  • Attorneys to handle the preparation and negotiation of a plea bargain with the prosecuting attorney
  • Help understanding the charges you are facing and the potential consequences
  • Legal recommendations to help you make decisions regarding the next steps to take in your case
  • An honest review and assessment of your case and the potential outcome

When you allow our legal team to help with your DUI case, we will help you with the situation head-on. We can answer your call and provide aggressive representation to fight the DUI charges you are facing. 

DUI Defined 

In the state of South Dakota, almost anyone can be convicted of DUI (driving under the influence) if they are in physical control of a motor vehicle while any of the following situations occur:

  • Having a BAC (blood alcohol content) over 0.08%
  • Being under the influence of any intoxicating inhalant, non-prescribed drug, or alcohol
  • Being under the influence of alcohol or prescribed drugs to the degree that makes you unable to drive a vehicle safely

For some groups of drivers, there are different BAC thresholds. If you drive a commercial vehicle, for example, your BAC threshold is just 0.04%. If you are convicted in this situation, you will face additional license-related penalties. Drivers under the age of 21 only need a BAC of 0.02% or higher and any amount of marijuana to be charged with DUI. While this is true, in most cases of underage DUI charges, the penalties are focused on rehabilitation rather than punishment. 

Penalties for DUI in South Dakota 

South Dakota DUI penalties are usually based on the last number of offenses that the individual has received in the prior 10 years. Depending on these important factors, the judge over the case can determine the appropriate penalties. While this is true, some general guidelines are used. These include the following:

  • For a first DUI charge, which is a misdemeanor, you will face a jail sentence of up to one year, fines of up to $2,000, and having your license revoked for 30 days to one year. 
  • For a second DUI charge, which is also a misdemeanor, you face a jail sentence of up to a year, finds of up to $2,000, and having your license revoked for a minimum of one year. 
  • For a third DUI charge, which is a felony, you will face jail time of up to two years, fines of up to $4,000, and your license being revoked for a minimum of one year. 

As you can see from the information here, DUI charges are serious and come with serious penalties. Because of this, you need to speak to a DUI attorney immediately. We will help you understand what options you have and provide a strong defense for your case. 

It is worth remembering that a criminal conviction can be life-altering. Because of this, you need an experienced legal team who will work to protect your freedom, liberty, and rights. 

In the state of South Dakota, you can be arrested if you are driving under the influence, even in situations where your BAC is below the legal limit. This often happens if you are showing signs that are consistent with someone who is under the influence. 

After an officer stops you, they are building a case against you. This is done by observing how you are acting, what you say, your driving patterns, and more. If the officer believes that there are reasonable grounds to suspect that you are under the influence, they will request that you take a field sobriety test. 

No law states you have to submit to this type of test. You can refuse the officer’s request for this. However, many people who are pulled over for DUI do not realize they have this option. 

While this is true, in the state of South Dakota, if the officer requests a chemical test, you do not have the same rights. In this case, you must adhere to the request that is made. If you refuse to submit to this type of test, you will face a license revocation of one year. 

Steps to Take When Pulled over for DUI

Facing DUI charges can be scary and stressful. You may go through all types of emotions. If you are pulled over and arrested for DUI, some of the steps to keep in mind include the following:

  • Exercise your right to remain silent
  • Schedule a DMV hearing to get a temporary license 
  • Know that your case may take a while to finalize
  • Keep a low profile
  • Hire an attorney

Don’t Wait to Hire a South Dakota DUI Attorney

If you are arrested and charged with DUI, don’t wait to hire an attorney. We can provide you with the strong legal defense you need for your case. 

The fact is, these are potentially serious charges. You need to take them seriously and ensure that you get the best possible representation for your case and situation. 

Get the help you need today!

Our legal team’s expertise allows us to quickly evaluate your claim to allow you to get back to living your life.