Legal Question in DUI Law in South Dakota

DUI laws

I was wondering about DUI laws because my friend emailed me and said he got a DUI last month and I haven't heard back from him. I was wondering what could have happened to him. What would be the cause for losing his car. And would there be a possiblity that he is still in jail. How many days of jail time would you have to serve?


Asked on 11/19/02, 4:13 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: DUI laws

Many different outcomes are possible for someone who was arrested on suspicion of DWI. Nothing might happen. The arrest could have been followed by the matter being dropped. If he refused to provide a sample for alcohol testing, or did provide one which they claim was 0.10 or more, his drivers license would likely be revoked for some period of time. There are many other punishments, in addition to license revocation, which can also be visited upon a person alleged to have been DWI or over the legal limit. These include: license plate impoundment, vehicle forfeiture, county jail, state prison, fines, special license plates which indicate a bad prior record for DWI, and so on. Generally speaking, aggravating factors such as prior DWI offenses, over 0.20, etc., will cause more to be at stake for those suspected of DWI.

Your question is difficult to answer since it is a quite broad and general question, and there is not enough information or facts provided about what happened. The answer depends upon the specific situation he is in. Your friend is welcome to call me to discuss it.

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Answered on 11/19/02, 4:55 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: DUI laws

I just noticed that you indicated you were in South Dakota, not Minnesota. Please disregard what I said about the DWI laws, since I do not know what they are in South Dakota. I am a Minnesota lawyer practicing in Minnesota only. Your friend should contact a lawyer in South Dakota.

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Answered on 11/19/02, 5:00 pm


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