Driving while intoxicated (DWI) is a serious criminal offense in South Dakota, and the penalties become increasingly severe for multiple offenses. In this article, we will take a closer look at DWI enhancements in South Dakota for DWI second, third, fourth, fifth, and sixth offenses, as well as the classes of felony, maximum penalties, and the longer look-back period for sixth offense DWI.
It’s essential to understand that the penalties for a second or subsequent DWI offense within a ten-year period are considered enhanced offenses in South Dakota. For a second offense DWI in South Dakota, the offense is considered a Class 1 misdemeanor. The maximum penalty for a second offense is one year in jail and a fine of up to $2,000. The offender’s driver’s license may also be revoked for one year, and participation and compliance with the 24/7 alcohol monitoring program may be required.
For a third offense DWI in South Dakota, the offense is considered a Class 6 felony. The maximum penalty for a third offense is two years in prison and a fine of up to $4,000. The offender’s driver’s license may also be revoked for one year, and participation and compliance with the 24/7 alcohol monitoring program may be required.
For a fourth offense DWI in South Dakota, the offense is considered a Class 5 felony. The maximum penalty for a fourth offense is five years in prison and a fine of up to $10,000. The offender’s driver’s license may also be revoked for up to life and participation and compliance with the 24/7 alcohol monitoring program may be required.
For a fifth offense DWI in South Dakota, the offense is considered a Class 4 felony. The maximum penalty for a fifth offense is ten years in prison and a fine of up to $20,000. The offender’s driver’s license may also be revoked for up to life and participation and compliance with the 24/7 alcohol monitoring program may be required.
For a sixth offense DWI in South Dakota, the offense is considered a Class 4 felony. The maximum penalty for a sixth offense is ten years in prison and a fine of up to $20,000. The offender’s driver’s license may also be revoked for up to life, and participation and compliance with the 24/7 alcohol monitoring program may be required. It’s important to note that the look back period for DWI offenses in South Dakota is 25 years on a DWI 6th offense.
In addition to the penalties mentioned above, a suspended execution of sentence may be imposed on offenders, which means that the court may choose to suspend the sentence and place the offender on probation, subject to certain conditions. If the offender violates the terms of their probation, they may be required to serve the original sentence in jail or prison.
It’s also important to understand the concept of “tolling” when it comes to calculating the ten year look back period. Time spent serving a sentencing in prison or jail will be excluded from the ten year look back period, which in effect makes the look back period longer. In addition, the court is allowed to sentence a person to more jail time in a suspended execution of sentence type sentence. If a person is charged with driving while revoked as a result of a DWI 2nd or subsequent felony DWI offense, the offender will face a mandatory jail sentence that can not be suspended and further revocation of his or her driving privileges.
In conclusion, DWI enhancements in South Dakota for second, third, fourth, fifth, and sixth offenses carry increasingly severe penalties, including fines, imprisonment, and the revocation of the offender’s driver’s license. It’s crucial to understand the seriousness of DWI offenses and to take steps to prevent impaired driving to ensure the safety of yourself and others on the road. If you or someone you know is facing DWI charges, it’s essential to seek the help of an experienced DWI, DUI criminal defense attorney like D. Sonny Walter to help protect your rights and achieve the best possible outcome in your case.