South Dakota Criminal Defense Laws

Certain sex offenses against children have extended limitation periods, allowing prosecution until the victim reaches age 25 or within 7 years of the offense, whichever provides a longer period.

Class A felonies carry death or life imprisonment. Class B: life imprisonment. Class C: up to life. Class 1: up to 50 years. Class 2: up to 25 years. Class 3: up to 15 years. Class 4: up to 10 years. Class 5: up to 5 years. Class 6: up to 2 years.

Class 1 misdemeanors carry up to 1 year in county jail and a $2,000 fine. Class 2 misdemeanors carry up to 30 days in county jail and a $500 fine.

South Dakota allows expungement for arrests not followed by charges (after 1 year), dismissed cases, certain misdemeanors (after 10 years), and for persons age 75+ (after 10 years). Class 2 misdemeanors and petty offenses are automatically expunged after 10 years.

The BAC limit is 0.08%. A first-offense DUI is a Class 1 misdemeanor (up to 1 year jail, $2,000 fine, 30-day license revocation). A second offense is also a Class 1 misdemeanor with a 1-year license revocation. A third or subsequent offense is a Class 6 felony, and fourth or subsequent is a Class 5 felony.