DWI and zero tolerance penalties

Key points

1. With a BAC of 0.08% or more, your license may be revoked for at least 30 days, plus criminal penalties.

   Source: Handbook p. 20

   “If you have a BAC of 0.08% or more, your driver’s license and/or driving privileges may be revoked for a minimum of 30 days, and you may be subject to criminal penalties.”
   South Dakota Driver License Manual, Handbook p. 20

2. A first alcohol conviction can bring a $300 to $1,000 fine, 15 to 365 days in jail and 90 to 365 days of license loss.

   Source: Handbook p. 20

   “you may be fined from $300 to $1,000 plus court costs. You could also be sentenced to 15 to 365 days in jail, and your license could be suspended or revoked for 90 to 365 days.”
   South Dakota Driver License Manual, Handbook p. 20

3. A first DWI is a Class 1 misdemeanor: up to one year in jail and at least 30 days of license loss.

   Source: Handbook p. 20

   “First offense is a Class 1 misdemeanor which is punishable by a fine, imprisonment up to one year, or both. You will also lose your driver license for a minimum of 30 days.”
   South Dakota Driver License Manual, Handbook p. 20

4. A second DWI brings at least one year of license loss.

   Source: Handbook p. 20

   “Second offense is a Class 1 misdemeanor which is punishable by a fine, imprisonment up to one year, or both, and loss of driver license for a minimum of one year.”
   South Dakota Driver License Manual, Handbook p. 20

5. A third DWI is a Class 6 felony with up to two years in prison.

   Source: Handbook p. 21

   “Third offense is a Class 6 felony which is punishable by a fine, imprisonment up to two years, and loss of driver license for no less than one year”
   South Dakota Driver License Manual, Handbook p. 21

6. A first zero tolerance offense means a 30 day license loss; a second means 180 days.

   Source: Handbook p. 20

   “First offense is a Class 2 misdemeanor which is punishable by a fine and a 30-day loss of driver license. • Second or Subsequent offense is a Class 2 misdemeanor which is punishable by a fine and a 180-day loss of driver license.”
   South Dakota Driver License Manual, Handbook p. 20

7. Driving without a license during a second offense revocation means at least 3 days in jail.

   Source: Handbook p. 20

   “If such person is convicted of driving without a license during that period, they shall be sentenced to the county jail for not less than three days, which may not be suspended.”
   South Dakota Driver License Manual, Handbook p. 20

8. Drivers who hide their drinking still raise their crash risk at a BAC of 0.05% or higher.

   Source: Handbook p. 21

   “they increase their chances of being in a crash if they drive with a BAC of 0.05% or higher.”
   South Dakota Driver License Manual, Handbook p. 21

Numbers to know

3 questions from the South Dakota practice test

1. 1. What is the minimum driver-license loss listed for a first DWI offense in South Dakota?

   1. 30 days
   2. 10 days
   3. 180 days
   4. One year
   Show answer

   30 days. The South Dakota penalties section says a first DWI offense carries loss of the driver license for a minimum of 30 days. The one-year option is tempting because it appears for later offenses and refusal consequences, but it is not the first-offense minimum in this bullet. The cue is offense count: first DWI starts with a 30-day minimum loss, while repeat offenses and refusals can produce much longer license consequences.

2. 2. For a second DWI in South Dakota, what minimum license loss does the manual list?

   1. At least 60 days
   2. At least 30 days
   3. At least one year
   4. Until the driver turns 21
   Show answer

   At least one year. A second DWI has a much tougher license consequence than a first DWI. South Dakota lists loss of the driver license for a minimum of one year. The 30-day answer repeats the first-offense minimum, which is why it is a tempting but wrong choice. Use the cue of repeat conviction: once the DWI is a second offense, think one-year minimum license loss before considering any added jail risk for driving during that period.

3. 3. How does South Dakota classify a third DWI offense in the manual?

   1. Class 6 felony
   2. Class 2 misdemeanor
   3. Petty offense
   4. Civil insurance violation
   Show answer

   Class 6 felony. The third DWI listed in the manual is no longer treated as the same misdemeanor level as earlier offenses. It is a Class 6 felony, with possible imprisonment and license loss for no less than one year after release from incarceration. The Class 2 misdemeanor option belongs to different violations, including underage Zero Tolerance and some traffic offenses, not a third DWI. The cue is count escalation: third offense means felony treatment in this penalty list.

Source: the South Dakota Driver License Manual, Be in Shape to Drive. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.