Key Takeaways:
- You have the right to remain silent at a DUI stop in Sioux Falls.
- You can refuse to submit to a field sobriety test without facing arrest.
- Officers do not have the right to search your vehicle at a DUI stop without probable cause.
- You can be respectful toward law enforcement while still exercising your legal rights.
- You have a right to due legal process, which includes consulting with an attorney. or having an attorney present while answering questions.
- A DUI attorney can help you defend yourself in court if you are arrested or charged with driving under the influence.
South Dakota has the highest DUI arrest rate per person in the United States [1]. In 2023, there were over 5,600 arrests for driving under the influence. A first-time offense in South Dakota is a class 1 misdemeanor that carries a possible penalty of one (1) year in county jail or a $2,000 fine [2]. Penalties are more severe for people who have been charged and convicted of a DUI multiple times.
At Alvine Law Firm, we represent a wide range of clients. We uphold the DUI laws of South Dakota to ensure you are only faced with charges you are legally liable for; if you have been wrongfully arrested or falsely accused of facing a DUI, a lawyer can help.
In this post, our team explores what your legal rights are if you are stopped by an officer who suspects you’re driving under the influence.
Disclaimer: This article is for educational purposes and does not constitute legal counsel or representation. Please contact an attorney for professional advice.
What Is a DUI Checkpoint?
DUI checkpoints, also known as sobriety checkpoints, are routine stops officers make. These are roadblocks for law enforcement to check if someone is driving under the influence of alcohol.
South Dakota has a blood-alcohol content (BAC) limit of 0.08 for adults 21 and older (S.D. Codified Law 32-23-1) [3]. However, driving under the influence in South Dakota can also refer to being intoxicated by drugs, including marijuana and medications that do not have a valid prescription.
Are DUI Checkpoints Legal in South Dakota?
DUI checkpoints are legal in Sioux Falls and South Dakota, but you still have rights, and officers must follow specific guidelines when conducting their check.
Your Fourth Amendment Rights and How They Apply to DUI Checkpoints
In 1990, the Supreme Court ruled that sobriety checkpoints are constitutional under the Fourth Amendment, which protects people from unreasonable search and seizure (Michigan Dept. of State Police v. Sitz Supreme Court case (496 U.S. 444 (1990) [4]. Although these checkpoints were ultimately prohibited by the Michigan Supreme Court, they are still allowed in South Dakota.
The Fourth Amendment ensures Americans remain safe and secure in their homes and vehicles. DUI checkpoints, however, are an exception to the usual requirement for a search warrant. Police can ask to search your vehicle without a warrant, but you have the right to politely decline.
Police can only search your vehicle if they have probable cause to believe you have been driving under the influence and may have alcohol or drugs in your vehicle.
Although warrants aren’t required at checkpoints, officers still need reasonable cause to search someone’s vehicle. They cannot force entry into your vehicle for any other reason.
If you are arrested for refusing to allow officers to search your car, then you can consult with an attorney who can represent you during interrogations and court proceedings.
Your Rights at a DUI Checkpoint in Sioux Falls
All drivers and residents have rights in South Dakota, and this includes rights at a DUI checkpoint, even if they have in fact been driving under the influence.
When you are stopped at a checkpoint, these are the rights you can legally exercise:
- The right to remain silent. The Fifth Amendment protects you against self-incrimination, allowing you to remain silent if you are questioned about anything outside of basic information, such as your license and proof of insurance. It is important to remember that remaining silent is a valid option, but you should invoke this right respectfully. You can say, “I am exercising my right to remain silent,” or “I am going to plead the Fifth Amendment and remain silent.”
- The right to decline a field sobriety test. Field sobriety tests include testing your balance and coordination and mental faculties to determine if you are likely under the influence of alcohol or another substance. In South Dakota, drivers have the legal right to refuse a field sobriety test, even if they are at a DUI checkpoint.
- The right to refuse a preliminary breath test (PBT). Drivers are legally allowed to refuse a breath test, but this does have potential consequences. You can be arrested for refusing a breath test. Under South Dakota’s law of implied consent (SDCL 32-23-10), anyone who chooses to operate a vehicle has given their consent to have their blood, breath, or urine tested for the presence of alcohol, marijuana, or other substances [5].
Refusing to submit to a roadside breath test or chemical breath test after arrest can be used against you as evidence in court (SDCL 32-23-10.1) [6]. Refusing a chemical analysis after arrest can carry more serious legal consequences than refusing a breath test at a DUI checkpoint.
It is important to know your rights and understand the consequences of exercising them. You can speak with a DUI attorney at Alvine Law Firm for free —click here to book a call.
What NOT to Do at a DUI Checkpoint
While you do have rights in South Dakota at any DUI checkpoint, you should still follow proper etiquette and avoid doing anything that could lead to an arrest or be used as evidence against you in court.
To protect yourself at a DUI checkpoint, do not:
- Be confrontational or argumentative.
- Lie or provide false information.
- Attempt to evade the checkpoint (this is illegal and dangerous).
- Drive under the influence.
- Admit to drinking (beyond a simple “yes” or “no” if directly asked, but even that can be avoided with the right to remain silent).
Find the Right Defense
You can rely on the trusted attorneys at Alvine Law Firm for legal support after a DUI arrest or charge in South Dakota. We fight tirelessly on our clients’ behalf with aggressive litigation to ensure their rights are never used against them.
Please contact our Sioux Falls law firm today online or call us at 605-275-0808 to schedule a free consultation. We are here to help.
Sources:
[1] Study: South Dakota has highest per capita DUI arrest rate in nation
[2] South Dakota DUI Laws | National College for DUI Defense