roadwise.Open study app

South Dakota driving lesson · Be in Shape to Drive

Alcohol and the law

A 3-minute lesson from the South Dakota course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Be in Shape to Drive
Checkpoint questions
6
Source pages
16, 17

Alcohol and other impairing drugs are involved in approximately 40% of fatal crashes each year. South Dakota's limits are strict, your consent to testing is automatic, and penalties grow fast with each offense.

40%

Approximate share of fatal traffic crashes involving alcohol or other impairing drugs

Handbook p. 16 ↗

BAC limits

BAC limits
DriverIllegal at
21 and older (DWI)0.08% or more
Under 21 (zero tolerance)0.02% or more
Handbook p. 16 ↗

Know the rule

Even under 0.08% you are still impaired and can be convicted of impaired driving.

Handbook p. 17 ↗

Know the rule

Under 21, it is illegal to purchase, possess, or drink alcoholic beverages.

Handbook p. 16 ↗

Know the rule

You can be arrested if you have physical control of a vehicle over the limit; you don't have to be driving.

Handbook p. 16 ↗

Implied consent

By driving on a public highway you've consented to a lawfully requested test of your blood, breath, urine or other bodily substance if suspected of impaired driving.

Handbook p. 17 ↗
1 year

License loss for refusing a BAC test

Handbook p. 17 ↗

Know the rule

The implied consent law of the state where you are arrested applies, not the law of the state that issued your license.

Handbook p. 17 ↗

Penalties

Penalties
OffenseClass and jailLicense loss
Zero tolerance, 1stClass 2 misdemeanor + fine30 days
Zero tolerance, 2nd or laterClass 2 misdemeanor + fine180 days
DWI, 1stClass 1 misdemeanor; up to 1 yearMinimum 30 days
DWI, 2ndClass 1 misdemeanor; up to 1 yearMinimum 1 year
DWI, 3rdClass 6 felony; up to 2 yearsAt least 1 year after release
Handbook p. 17 ↗

Know the rule

A first alcohol conviction can bring a $300 to $1,000 fine plus court costs, 15 to 365 days in jail, and a 90 to 365-day suspension or revocation.

Handbook p. 17 ↗

Know the rule

Driving without a license during the loss period means at least 3 days in county jail after a 2nd DWI, or at least 10 days after a 3rd, and the jail time may not be suspended.

Handbook p. 17 ↗

Know the rule

After a DWI conviction you must file an SR22 insurance filing and keep it for 3 years from the eligibility date.

Handbook p. 17 ↗

Put it into practice

You're 19 and had one beer at a party. A test shows 0.03% BAC, over the under-21 limit of 0.02%. As a first zero-tolerance offense, that's a Class 2 misdemeanor with a fine and a 30-day loss of your license.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the legal BAC limit for a driver 21 or older in South Dakota?
  1. 0.02%
  2. 0.10%
  3. 0.05%
  4. 0.08%

Answer: 0.08%

A Blood Alcohol Concentration of 0.08% or more is evidence of driving under the influence for drivers 21 and older.

Handbook p. 16 ↗
What is South Dakota's zero tolerance BAC threshold for drivers under 21?
  1. 0.00%
  2. 0.05%
  3. 0.02%
  4. 0.08%

Answer: 0.02%

Drivers under 21 can be arrested for Zero Tolerance at a BAC of 0.02% to 0.079%.

Handbook p. 16 ↗
South Dakota's implied consent law means that by driving on a public highway, you have already consented to what?
  1. Random roadside breathalyzer checks
  2. Mandatory annual drug screening
  3. A vehicle search at any traffic stop
  4. A lawfully requested chemical test

Answer: A lawfully requested chemical test

Implied consent means that getting a license implies consent to a lawfully requested chemical test if you are suspected of impaired driving.

Handbook p. 17 ↗
How long can you lose your driver license for refusing a BAC test in South Dakota?
  1. 6 months
  2. 1 year
  3. 2 years
  4. 90 days

Answer: 1 year

You can lose your driver's license for one year if you refuse to take a BAC test.

Handbook p. 17 ↗
Under South Dakota's DWI penalties, what class of offense is a first DWI (0.08% or more BAC)?
  1. Class 2 misdemeanor
  2. Class 1 misdemeanor
  3. Class 6 felony
  4. Petty offense

Answer: Class 1 misdemeanor

A first DWI offense is a Class 1 misdemeanor punishable by a fine, up to one year in jail, or both; a third offense is a Class 6 felony.

Handbook p. 17 ↗
What penalty applies to a first Zero Tolerance offense (under 21, 0.02% or more BAC)?
  1. Automatic one-year revocation
  2. No penalty for a first offense
  3. A fine and a 180-day loss of driver license
  4. A fine and a 30-day loss of driver license

Answer: A fine and a 30-day loss of driver license

A first Zero Tolerance offense is a Class 2 misdemeanor punishable by a fine and a 30-day loss of driver license.

Handbook p. 17 ↗
Take the lesson checkpoint in the app

More in Be in Shape to Drive