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South Dakota DUI License Suspension Issues
When you drive a motor vehicle in the State of South Dakota, Implied Consent Laws become applicable. Implied consent Laws state that you are presumed to have already consented to a breath test upon a lawful arrest. Every State has implied consent laws. In essence, this law states that you agree to submit a breath test when you are arrested for a DUI, and that if you refuse, your license will be suspended. In addition to the potential criminal penalties associated with a DUI conviction, there are significant license restrictions that apply when a person is arrested for a DUI. There were 6,190 DUI arrests in 2008.
If you consent and submit to the chemical testing which reveals a blood alcohol level 0.08 or higher, your license will be suspended for a period of 30 days. However, the court can impose a longer suspension or other restrictions on your license as long as it does not exceed one year. If you refuse to take the chemical testing, your license will be suspended for one year and your license will be immediately confiscated.
Whether you refuse the test or you take the test and blow at or over 0.08, your license will be suspended. However, there is a mechanism in place to challenge this suspension. You or your attorney must make a request for an administrative hearing to challenge the suspension. The administrative hearing procedure is highly complex and should not be attempted without an attorney trained in DUI.
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the State to Find a DUI Attorney in Your Area
Local Attorney, LTD.
2100 Manchester Road
Suite 900-Office 113
Wheaton, IL 60187
630-925-7188 Office
630-829-7138 Fax
pbuh.local.attorney@gmail.com
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