DWI/DUI, commonly known as drunk driving, is a Class 1 Misdemeanor for the first and/or second offense, and is a Class 6 Felony for the third offense within 10 years. More than three DUIs within 10 can be Class 5 or Class 4 Felonies, accordingly. A Class 1 Misdemeanor subjects one to the possibility of up to 1 year in the county jail, a $2000 fine, or both, and a mandatory loss of driving privileges. A Class 6 Felony subjects one to up to 2 years in the South Dakota State Penitentiary, a $4000 fine, or both, and a mandatory loss of driving privileges. Class 5 and 4 Felonies carry 5 and 10 years maximums, plus substantial fines, respectively.
DUI 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.
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.
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.
Finally, 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, resulting in income savings and preservation of sick time/vacation time, as the case may be.
Looking for a lawyer doesn’t have to be a difficult or intimidating task. RENSCH LAW has many years of experience and is here to help you.