How to Request South Dakota DUI Records

The BAC or the blood alcohol concentration level is used to identify individuals violating the DUI laws of South Dakota. A per se limit of 0.08% is set as the limit and BAC levels found to be above that can be used to convict a person irrespective of whether he/she is actually drunk or shows impaired skills while driving. The BAC levels are considerably lowered for drivers under the legal age of drinking as well as commercial drivers and they are subjected harsher penalties as well.

South Dakota DUI recognizes the use of alcohol, drugs and other controlled substances of intoxication as illegal while driving. Taking of prescription drugs which enhance the BAC levels are also considered to be illegal by the state laws. The Governor of South Dakota has signed the House bill 1239 recognizing the law and the penalties imposed on DUI violators.

South Dakota DUI Information

The laws pertaining to drunk driving in South Dakota can be viewed in details from the website of the State Legislature http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=32-23&Type=Statute. Statistics about the DUI violations as well as the fatalities report can be found at the official resource of the South Dakota Department of Public Safety as well. The Department is housed at 118 West Capitol Avenue, Pierre, South Dakota 57501. The Highway Patrol Department can also be contacted at the same location. You are also free to call the officials of the department at 605.773.3105.

Penalties for SD DUI Offenses

South Dakota DUI law requires the first time DUI offenders to spend up to a year in jail. In addition, the DUI offender needs to pay a monetary fine as well. Administrative restrictions are imposed include the revocation of the driver’s license for at least 30 days starting from the day of conviction.

The amount of fine remains the same for a second time offender but you get to lose all your driving privileges for an entire year. A second time DUI offender is subject to harsher penalty measures which require enrolling and attending a chemical dependency program approved by the court.

Being convicted of DUI offenses for a third time is treated severely under the South Dakota DUI law. While the onus of proving your financial responsibility as well as your consent to attend an alcohol or drug educational program remains the same as that of a second time DUI offender, the penalty imposed for committing the same offense thrice in a row is much harsher. The third time DUI offense constitutes a class 6 felony instead of a misdemeanor and you will have to serve an additional period of up to 2 years. The monetary fine is substantially higher too and you may have to pay a maximum of $2000 for a third time DUI offense.

South Dakota DUI Records

All instances of traffic violation acts as well as severe DUI offenses are included within the driving records of South Dakota residents. The Department of Public Safety of the state needs to be approached for obtaining a driving record. The initial step of the process involves filling out of an appropriate form of request. It is possible to download the form for requesting one’s own record by accessing the Internet resource http://dps.sd.gov/licensing/driver_licensing/documents/mvraut.pdf .

The state of South Dakota offers the facility of going through the driving records of a third person as well. A specific request form is required to be completed and submitted by the state and governmental agencies with the form differing slightly in case of an insurance company or a prospective employer interested in conducting a background check.

The South Dakota Department of Public Safety releases the driving records on receiving the notarized request form. A nominal amount of $5 is usually charged for each of the records released unless the requester belongs to a government agency. All requests are required to be mailed to the Driver Licensing Program, 118 West Capitol Avenue, Pierre, SD 57501. It is also possible to inquire about the rules and regulations of obtaining driving records by calling up at 800.952.3696 or 605.773.6883.

Expungement of DUI Records

While most of the South Dakota DUI cases are treated as misdemeanors, the ones that cause injury or vehicular homicide are treated as severe cases of felony. DUI cases usually remain for a limited period of time on your driving record but the instances of felonies find their way into the criminal record database as well. These records continue to show up indefinitely and it is best to initiate the process of expungement if you want to keep your record clean.