Protecting Your License From DWI Charges

According to the South Dakota Department of Public Safety, 28 people die from drunk drivers in our country every day, and one-third of every traffic fatality involves a drunk driver. Considering how dangerous drunk drivers are, South Dakota courts take these charges seriously, and so should you.

At Walter Law Office, we have been proudly serving the people of South Dakota for more than 30 years. Over those years, we have provided every client who has come into our Sioux Falls office the respect and judgment-free representation they deserve from their criminal defense attorneys. We are ready to offer you the same.

Fighting For Your Future

After decades of helping clients protect their best interests in these cases, I have become fluent in South Dakota’s laws surrounding driving while intoxicated (DWI). For example, a person can be charged with DWI for simply being in control of a motor vehicle while intoxicated. This law means that even sitting in the driver’s seat of a car with the keys in the ignition while intoxicated is enough to be charged with DWI.

A DWI conviction may not seem like a serious problem if it is your first offense and no one was hurt and nothing was damaged, but even a first conviction can have more complications than you intended. Multiple convictions for a DUI make the chances of beating future charges even harder, and the sentencing for repeat convictions is even worse. With your future at stake with even a first offense, you need to be sure you are properly fighting your charges.

At my firm, Walter Law Office, we take the time to develop a custom-tailored representation plan for each client based on the unique factors of their case. While we represent you, you can trust that we will explore all available options to overcome your charges, including negotiating for reduced or dismissed charges and fighting for you in court.

From The DUI/DWI Stop To Court: What Happens?

Once a law enforcement officer initiates a traffic stop due to a suspected DUI, the process is fairly predictable:

• A field sobriety evaluation and/or a preliminary chemical test (either breath or blood) may be used to try to establish probable cause for a DUI arrest.
• If an arrest does follow, the officer will confiscate your license and issue a notice of an immediate license suspension.
• Your vehicle may be searched after your arrest for evidence and may be towed..
• You will be taken into custody and processed or “booked,” typically at the county jail.
• You typically will be held until your blood alcohol content (BAC) drops, around 12 hours, before being allowed to bond out, although you may be held longer, until you can appear before a magistrate.

After your first court date (arraignment), the exact timeline of a case may vary due to the nature of the charges, pretrial motions and court availability.

Understanding The 10‑Day Rule And Your Driver’s License

A South Dakota DUI arrest starts two distinct processes: The criminal prosecution in court and the administrative review of your driving privileges with the South Dakota Department of Public Safety (DPS).

Once law enforcement submits the arrest report to DPS, you have only 10 days from that notice to challenge a license suspension or revocation. Missing this 10‑day window means you lose the opportunity to contest the suspension, whether you refused a chemical test or failed it.

DUI/DWI Penalties Overview

Penalties include:

Offense Type	Jail Time	Fines And Fees	License Impact	Additional Requirements
First-Offense DWI	Up to one year in county jail (often 48 hours or more may be ordered)	Up to $2,000 plus court costs	License revocation of at least 30 days	Alcohol evaluation and possible treatment program
Second-Offense DWI	Mandatory minimum of 10 days in jail (can increase significantly)	Up to $2,000 plus fees	License revocation of at least one year	Required treatment and possible ignition interlock device (IID)
Third-Offense DWI	A Class 6 felony, punishable by up to two years in prison	Up to $4,000 in fines, in addition to court fees and other administrative costs.	Revoked for at least one year, with strict requirements for reinstatement.	You may be required to install an IID upon reinstatement, often for an extended period
Underage DUI (Under 21)	Up to 30 days in jail (often less for first offense)	Up to $500 in fines	License revocation of at least 30 days (can increase with BAC level)	Alcohol education programs and possible community service

An attorney can explain how specific penalties apply to your case.

Meet With Us Today

The maximum penalty for a DWI conviction in South Dakota includes thousands of dollars in fines, years in the penitentiary and even a license revocation. Whether you are facing your first or sixth DWI charge, let us help you fight it. Call us at 605-450-6182 or email us here to schedule your initial consultation today.