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Being charged with driving under the influence (DUI) is a serious offense. Unfortunately, it is something that happens regularly in South Dakota. After being arrested and charged with this crime, you likely wonder what type of consequences you will face. For example, will you lose your driver’s license, face time in jail, or have increased insurance premiums?
There’s no question that this can be a stressful and frustrating situation. Because of all the questions, you may have and the serious consequences you face, it’s smart to get in touch with Mitchell DUI lawyers as soon as possible. Hiring an experienced DUI attorney from our legal practice means you can feel confident that there is someone on your side defending your rights and fighting to help reduce the consequences you face.
Reasons to Hire a South Dakota DUI Attorney for Your Case
You may wonder if hiring legal representation is really necessary. While attorneys do come at a cost, it is usually a worthwhile investment. Even though there is no law requiring you to hire a lawyer, you shouldn’t risk self-representation if you face DUI or DWI charges. The ramifications of even a first DUI conviction are serious. Some of the other reasons to consider hiring an attorney to help with your legal situation include:
- An attorney has the experience needed to navigate the court and trial process
- Having a lawyer representing your case can help reduce the consequences you face
- Lawyers may be able to negotiate a reduced sentence
- DUI cases are often complicated regarding the details of your case
- A lawyer helps you achieve the best possible outcome for your situation
If you are convicted of DUI, you will likely receive a mark on your criminal record, be faced with the social stigma of the charge, have to deal with increased car insurance costs, face jail time, and even lose your license. Because of the potential consequences related to DUI charges, it’s smart to hire an attorney to represent your case and situation.
What Services Our South Dakota DUI Attorneys Offer
When you hire a DUI attorney from our law firm, you will find that we are dedicated to helping our clients with the charges they are facing. We will review the facts of your case and ensure you receive the best possible defense for the charges.
Some of the specific services we offer our clients include:
- Case review to determine the best way to approach your situation and case
- Determination if your charges may be able to be reduced or dropped
- Negotiate a plea bargain with the prosecuting attorney, if possible
- Ensure you fully understand the charges you are facing and the potential consequences of your charges
- Provide legal recommendations when deciding what the next steps in the process are
- Provide an honest assessment regarding where your case stands and the potential outcomes
When you hire a lawyer from our law firm, you can feel confident that we will be prepared to help you face the DUI charges and deal with the situation professionally and efficiently. We can answer any questions you have and work to provide you with aggressive representation against the DUI charges you are facing.
When Can You Be Charged with a DUI in South Dakota?
In the state of South Dakota, anyone can be charged with DUI if they are in physical control of a vehicle while the following is true:
- They have a BAC (blood alcohol content) of .08% or higher
- Are under the influence of any type of alcohol, non-prescribed drug, or an intoxicating inhalant
- Are under the influence of alcohol or prescribed drugs to the point that the person is unable to operate the vehicle safely
It’s important to note that there are lower BAC limits for some drivers. For example, drivers of commercial vehicles are considered intoxicated if their BAC is .04% or higher. Also, if they are convicted of the DUI charges, they will have additional license penalties. If a driver is under the age of 21, they can receive a DUI with a BAC of .02% or higher. While this is true, underage DUI penalties in South Dakota usually aren’t the same as what is issued with a traditional DUI conviction, and they tend to be more on the rehabilitative side than punitive (designed to punish the offender).
Potential Penalties for DUI Charges in South Dakota
The DUI penalties in South Dakota are usually based on the number of offenses the individual has in the past 10 years. Based on these factors, the judge can determine the proper amount of fines, jail time, license suspension, and mandatory treatment for the situation.
Some of the parameters in place in South Dakota for punishing those convicted of DUI include:
- For a first DUI, which is a misdemeanor charge, an individual faces jail time of up to one year, fines of up to $2,000, and license revocation for 30 days to one year.
- For a second DUI, which is also a misdemeanor charge, the potential jail time is up to one year, fines of up to $2,000, and license revocation for a minimum of one year.
- For a third DUI, which is a felony charge, you may face prison time of up to two years, fines of up to $4,000, and license revocation for a minimum of one year.
It’s important to remember that being charged with DUI is serious, and even a first DUI comes with serious consequences.
Hire Our Legal Team for Help with Your South Dakota DUI Charge
If you have been charged with DUI in South Dakota, it’s smart to get in touch with our legal team right away. We can review your charges and build a strong defense for your case. While there are no guarantees in these cases, you can count on our attorneys to work aggressively to provide you with the best possible defense and to help you achieve the best possible outcome for your case.
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