Driving under the influence (DUI) isn't just a crime that someone who has consumed alcohol and gotten behind the wheel can be charged with. South Dakota Code section 32-23-1 describes how anyone suspected of operating a vehicle while under the influence of marijuana or any controlled substance including prescription drugs can be charged with a DUI as well. Anyone in South Dakota can be charged with a DUI if their blood alcohol concentration (BAC) is .08% or higher.
You probably know that the police need a reason to pull you over. They can't just pull over your car at random and give you a breath test to see if you have been drinking. They need to stop you for some sort of traffic violation, e.g., speeding, and then determine that you are potentially intoxicated or they need to see signs of intoxication while you drive.
- Did you know that there are actually three different ways you can be charged with drug possession in South Dakota? One of those ways is particularly unique to the state -- which may be why it ties (along with Wyoming and South Carolina) for the highest number of drug arrests in the nation.
Most people are familiar with the first way you can end up with a drug charge: You get caught with actual drugs in your possession. South Dakota is notoriously rough on drug offenders. Even a small amount of marijuana can lead to a $2,000 fine and a year in jail.