Could I Lose My Out-Of-State License Over A DUI/DWI In South Dakota?

Yes, but it depends on what happens in your case. If you are convicted of DUI in South Dakota – and that includes pleading guilty – the state will report that conviction to your home state. If your state is a member of the Driver License Compact, it will probably suspend your license under the same terms as if you had been convicted there. However, there may be a defense option that could prevent that.

Do I Have To Be Convicted To Lose My License?

Yes. Unlike many other states, South Dakota doesn’t automatically suspend your license just because you were arrested for DUI. South Dakota only takes your license away after a DUI conviction. So, if you want to keep your license, you’ll need to avoid a DUI conviction.

There are defenses to DUI charges, and you really should have an attorney raise them on your behalf. There is a possibility you could avoid a DUI conviction by pleading guilty to a lesser charge, by getting your case dismissed or by getting acquitted at trial.

If you’re likely to be convicted, however, don’t panic. You may qualify for a one-time break called a “suspended imposition of sentence.”

What Is A Suspended Imposition Of Sentence And What Could It Mean For My License?

Suspended imposition is only available to first-time offenders, and there are some legal hoops to jump through. However, it’s widely available if you know how to ask for it.

Basically, in a suspended imposition, the judge convicts you but then puts your sentence on hold for a set period of time (usually a year). As long as you commit no further crimes and comply with any other conditions, your conviction is scrapped at the end of that time.

That’s right – scrapped. it’s as if you had never been convicted. The events are not erased from your record, but there will be no DUI conviction there.

That means that if you successfully complete your suspended imposition period, there is no conviction to report to your home state. That usually means you keep your license.

What Else Do I Need To Know To Save My License?

Although a suspended disposition of sentence helps you keep your license after a DUI conviction, you can still lose your license if you refuse the chemical tests.

The law presumes that, by driving on the roads, you have given your consent to chemical tests to determine if you’re impaired. In South Dakota, that means a blood test. If you refuse, you will lose your license – and the officer will just get a warrant for it anyway.

Ordinary drivers have the right to politely refuse to blow into breath testing machines or to perform roadside sobriety tests. Commercial driver’s do not. Under federal law, CDL drivers must provide breath or blood samples whenever requested by police of they will lose their CDL.

The best thing to do is to contact a lawyer immediately. An attorney can listen to your story, explain the law as it applies to your case and tell you about your legal options.