A Repeat DUI
SDCL § 32-23-4.6 — a fourth offense is a Class 5 felony and a fifth a Class 4, with revocation that does not run while imprisoned
| Offense | Class | License revoked |
|---|---|---|
| OffenseThird | ClassClass 6 felony | License revokedNot less than one year |
| OffenseFourth | ClassClass 5 felony | License revokedNot less than two years |
| OffenseFifth or later | ClassClass 4 felony | License revokedNot less than three years |
Time inside does not count. The revocation runs from sentencing or from release, whichever is later, and time spent back in prison before it ends does not count toward it.
Driving without a license during the revocation after a fourth or later offense brings a jail sentence of not less than twenty days that may not be suspended. After a third, it is not less than ten days.
How earlier offenses are counted is a question for the court. A particular record is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 32-23-4 — Punishment for third offense; Revocation of driving privilege; Jail sentence for driving while privilege revoked; Limited driving privilege
- SDCL § 32-23-4.6 — Punishment for fourth offense; Revocation of driving privilege; Jail sentence for driving while privilege revoked; Limited driving privilege; Mandatory sentence; Suspension of sentence
- SDCL § 32-23-4.7 — Punishment for fifth or subsequent offense; Revocation of driving privilege; Jail sentence for driving while privilege revoked; Limited driving privilege; Mandatory sentence
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.