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DUI Lawyers and DWI Lawyers of Rapid City, SD

Looking for a good DUI lawyer doesn’t have to be a difficult or intimidating task. RENSCH LAW has many years of experience and is here to help you. In Misdemeanor cases RENSCH LAW can make most appearances for the defendant without the defendant present in court so valuable work days are not wasted. 

DUI Arrest

A DUI arrest occurs if a person drives with a blood alcohol content (BAC) .08% or more by weight of alcohol in blood, or if a person is under the influence of alcohol, marijuana, or other drug. A DUI can also cost a person a commercial driver’s license. A second offense DUI will render a truck driver ineligible for a commercial driver’s license and can result in the loss of one ‘s livelihood. A second offense also has onerous burdens of expensive alcohol treatment, actual jail time, and participation in twice daily preliminary breath tests (known as the 24/7 program), disallowing the consumption of alcohol for one year from the date of sentence.

Winning a DUI Case

DUI cases can be won outright if a person’s blood alcohol content (BAC) is below .08% and if a person is not under the influence of alcohol or other drugs while driving. Cases at or near the legal limit can often be pled down to a Reckless Driving charge, which is also a Class 1 Misdemeanor but which does not enhance or subject one to a greater maximum penalty with subsequent convictions. This depends, though, on the facts of the case and the field sobriety tests.

DUI cases can also be won on a motion to suppress a stop for lack of reasonable suspicion, blood for lack of warrant or consent, or other reasons, depending upon the case. If a case cannot be won or thrown out, often plea agreements can be negotiated which lay out the type of sentence one would likely receive and allow for the timing.

Video Transcript: Many times people think that if they get a drunk driving case they should just go in and plead guilty. Many times though a lawyer can take a look at those police reports, scour them for constitutional violations, and possible turn the case into something that gets thrown out. If we can’t do that, we can work out the details of a plea agreement and possible get the case reduced. If we can’t do that, we can at the very least, lead you through this very foreign system so that you understand just what’s going on. And there are no surprises so you know just what’s coming to get prepared for. 

Choosing the right attorney if arrested for DUI

If you are looking for a lawyer to deal with a drunk driving case, RENSCH LAW is there. RENSCH LAW can also assist in pointing the client in the right direction to have sentencing requirements done in advance which allow for driving/work permits, suspended impositions of sentence, arrangement of jail time, treatment, and favorable timing which allow clients to continue working. Please understand that while there are many standard and often ordered sentencing conditions, each case is different and there is no guarantee a judge or prosecutor will go along with any given request or sentencing provision.

RENSCH LAW scours the file to determine if there is any advantage to be made for the client upon technical legal grounds. If not, the RENSCH LAW works out the deal between the client and the state to resolve the case in the best possible fashion. RENSCH LAW, however, cannot guarantee a result, and each case is different. While this is true, RENSCH LAW has handled thousands of DUIs and will use the wealth of its collective experience to make the situation the best that it can be under the facts and the law.

South Dakota State Legislature Codified Laws

32-23-1. Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

No person may drive or be in actual physical control of any vehicle while:

(1)    There is 0.08 percent or more by weight of alcohol in that person’s blood as shown by chemical analysis of that person’s breath, blood, or other bodily substance;

(2)    Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;

(3)    Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving;

(4)    Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving; or

(5)    Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15.

32-23-1.2. Submission to breath test required by officer–Chemical test after positive breath test.

Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such officer. If such test indicates that such operator has consumed alcohol, the law enforcement officer may require such operator to submit to a chemical test in the manner set forth in this chapter.

32-23-2. Punishment for prohibited driving–First offense.

If conviction for a violation of § 32-23-1 is for a first offense, such person is guilty of a Class 1 misdemeanor, and the defendant’s driving privileges shall be revoked for not less than thirty days. However, the court may in its discretion issue an order upon proof of financial responsibility, pursuant to § 32-35-113, permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. The court may also order the revocation of the defendant’s driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

For further Information from the South Dakota Legislature.

Information from South Dakota Division of Public Safety Driver’s Manual

If You Drink, When Can You Drive? The best advice is if you drink alcohol, do not drive. Even one drink of alcohol can affect your driving. An alcohol drink is 1 1/2 oz. of 80-proof liquor (one shot glass) straight or with a mixer, 12 oz. of beer (a regular size can, bottle, mug or glass) or a 5 oz. glass of wine. Specialty drinks can have more alcohol in them and are the same as having several normal drinks. It takes about an hour for your body to get rid of each drink. So even if you have spread out your drinks, you should stop drinking at least one hour before you have to drive. There is no way to sober up quickly. Coffee, fresh air, exercise, or cold showers will not help. Time is the only thing that will sober you up.

For more information visit the South Dakota Division of Public Safety.

EXPERIENCED TRIAL LAWYERS

Drug & Alcohol Crimes

Possession of drugs in their many and various forms often result in criminal charges against the person found in possession of those drugs. Whether it be marijuana or other substances, the gravamen is knowledge. One must be in “knowing” possession or possess a drug “knowingly.”

South Dakota is also the only state in the union which defines possession to include a positive drug test. This means if a person tests positive for a certain drug because it exists within the body, such constitutes possession of the drug under state law. For example, if a urinalysis shows the metabolites or marijuana, you can be charged with possession the same way you could be if you had a baggie of the drug in your hand.

The good news is that recent changes in the criminal laws and in the sentencing practices are such that the focus is on rehabilitation instead of incarceration. While prison is still possible, and some jail time is probable, if a person is ready to seek treatment and mend their ways, the system will recognize sincere attempts to do so.

RENSCH LAW can guide you or your loved one through these drug charges. If RENSCH LAW can find a defense we are fully capable of trying a jury trial asserting said defense. If a person has a drug problem and wants help with the plea, sentencing, and rehabilitation process, RENSCH LAW has the resources and experience to guide you through and advise you accordingly. RENSCH LAW routinely handles drug cases in both state and federal courts and has tried federal drug conspiracies, federal possession charges, and state drug cases as well. RENSCH LAW has many years of experience with drug charges and is here to help. You can rest easy knowing you will be in good hands with our hard working lawyers.

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Don't deal with an injury alone.

Trial Lawyers are Personal Injury Lawyers

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  • Trial lawyers are warriors in the courtroom.
  • A fighter in the courtroom gets you more.
  • One who is ready to win at trial does not sell a case short to settle it.
  • Injury cases can be tried or settled.

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Types of Cases We’ve Dealt With:

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  • Car Accidents
  • Motorcycle Accidents
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  • Premises Liability

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  • Falls
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personal injury lawyer

RENSCH LAW has been handling personal injury cases since its creation in 1992. If you have been injured as a result of someone else’s improper or wrong acts or omissions (failure to act) please call for a free phone consultation. We can answer your questions, advise you about what the process is, gather records, review records, tell you how to preserve evidence, and specifically advise you upon retention of the firm’s service by way of a contingent fee agreement.

A contingent fee agreement is a contract between RENSCH LAW and the injured person (or the parents of an injured person if a minor) wherein the case is handled with no money up front and fees and costs are collected from the recovery.

RENSCH LAW has tried personal injury cases to juries, obtained awards for injured plaintiffs which far exceeded settlement offers, and negotiated dozens and dozens of settlements for those injured through the negligence of another. RENSCH LAW has handled medical malpractice claims, federal tort claims, workers compensation cases, and wrongful death cases, to name a few. RENSCH LAW has used the wealth of trial experience practiced in the criminal courtroom to the advantage of its clients in the civil courtroom who are seeking damages.

As RENSCH LAW is a trial firm, it seeks to use its vast trial experience to protect you and your loved ones to the fullest. You can rest easy knowing we are here to fight for you when you are in need of help.

If you or your loved one is injured, please call RENSCH LAW for a free consultation. Becky Schmit of this firm prepares and handles many of the cases. The founder of the firm, Timothy J. Rensch, tries the case to the jury. As the Trial Lawyer, Mr. Rensch has the benefit of the collective resources and experience of an on staff investigator, paralegals, and associate attorneys who provide information and back up as needed.

Contingent fees start at 33% of the recovery plus costs, sales tax, and advances, and go up from there, depending upon the case and how far along in the process the recovery is made. If no money is recovered, no fee is owed, and the only things which need to be repaid by the client are costs and advances. RENSCH LAW also takes care of negotiating subrogation claims made by insurance companies, Medicaid, Medicare, or other entities which have paid expenses for you under contract which must be repaid. This can be very complicated.

Our Lawyers Aim To:

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  • Protect Your Interests
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Call us today at (605) 341-1210 or fill out the form below to get in touch.

  • NOTICE: Do not send sensitive information in your initial communication with my office. If I represent an adverse party in your case, such information could be used against you. Please allow for a conflict check to be conducted before sending sensitive information.


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EXPERIENCED TRIAL LAWYERS

Homicide Crime Lawyers

The most serious charge one can face is First Degree Murder. This is a Class A Felony, which carries a maximum penalty of Death. Second Degree Murder, also known as depraved mind killing, is a Class B Felony, which carries a mandatory Life sentence. First Degree Manslaughter is a Class C Felony, which carries a sentence of up to Life. Different homicide charges go down from there, and include Second Degree Manslaughter, and Vehicular Homicide.

Homicide Appeals RENSCH LAW Has Handled...

State v. Horse, 2002 SD 47, 644 N.W.2d 211 (Murder/reversed)
State v. Piper, 2006 SD 1, 709 N.W.2d 783 (Murder (Death Penalty)/remanded)
State v. Krebs, 2006 SD 42, 714 N.W.2d 91 (Murder/reversed)
State v. Goulding, 2011 SD 25, 799 N.W.2d 412 (Murder)
State v. Shaw, 2005 SD 75, 721 N.W.2d 620 (Attempted Murder)
U.S. v. Juvenile Male N.R., 8th Cir. Ct. of Appeals No. 01-1489 (Murder)
State v. Charles, 2001 SD 67, 628 N.W.2d 734 (Murder)
Bolzer v. U.S., 8th Cir. Ct. of Appeals No. 05-3104 (Federal Habeas Corpus/Murder)
U.S. v. Gregg, 376 F.SUPP 2d 949 (DSD 2005) (8th Cir.2006) (Murder)
State v. Reay, 2009 SD 10, 762 N.W.2d 356 (Murder)

When you think out homicide cases or murder case. If you or a relative or a son or a daughter get charged with the most serious type of offense of all, which is murder, I’ve tried those cases and won them. 

I’ve handled death penalty cases, I’ve learned those cases inside and out. And if you are in one of those horrible nightmarish situations, or someone you love is in one of those nightmarish situations, I can help you. I’ve handled many of them, I’ve tried many of them, and I can do what needs to be done on them.

So like I say here at Rensch Law, we can handle it all. I personally have handled a lot of murder cases, homiside cases, and even vehicular homiside cases. 

When you think out homicide cases or murder case. If you or a relative or a son or a daughter get charged with the most serious type of offense of all, which is murder, I’ve tried those cases and won them. 

I’ve handled death penalty cases, I’ve learned those cases inside and out. And if you are in one of those horrible nightmarish situations, or someone you love is in one of those nightmarish situations, I can help you. I’ve handled many of them, I’ve tried many of them, and I can do what needs to be done on them.

So like I say here at Rensch Law, we can handle it all. I personally have handled a lot of murder cases, homiside cases, and even vehicular homiside cases. 

Homicide Appeals RENSCH LAW Has Handled...

State v. Horse, 2002 SD 47, 644 N.W.2d 211 (Murder/reversed)
State v. Piper, 2006 SD 1, 709 N.W.2d 783 (Murder (Death Penalty)/remanded)
State v. Krebs, 2006 SD 42, 714 N.W.2d 91 (Murder/reversed)
State v. Goulding, 2011 SD 25, 799 N.W.2d 412 (Murder)
State v. Shaw, 2005 SD 75, 721 N.W.2d 620 (Attempted Murder)
U.S. v. Juvenile Male N.R., 8th Cir. Ct. of Appeals No. 01-1489 (Murder)
State v. Charles, 2001 SD 67, 628 N.W.2d 734 (Murder)
Bolzer v. U.S., 8th Cir. Ct. of Appeals No. 05-3104 (Federal Habeas Corpus/Murder)
U.S. v. Gregg, 376 F.SUPP 2d 949 (DSD 2005) (8th Cir.2006) (Murder)
State v. Reay, 2009 SD 10, 762 N.W.2d 356 (Murder)

Timothy J. Rensch, founder of RENSCH LAW, has tried cases in each of these categories. He has been handling murder cases for over 20 years. While there have been convictions, some have been reversed on appeal, some have been acquittals. Mr. Rensch has tried fourteen murder or homicide cases, some of which have garnered national and international attention. In addition to the ones tried there are more which were handled by way of plea agreement, refusal of the Grand Jury to charge, or a decision by the prosecuting authority not to charge. Needless to say, RENSCH LAW has the experience and knowledge to handle these most serious of charges.

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  • NOTICE: Do not send sensitive information in your initial communication with my office. If I represent an adverse party in your case, such information could be used against you. Please allow for a conflict check to be conducted before sending sensitive information.


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