Experienced DUI Attorneys in Sioux Falls and All of South Dakota
Last updated on March 30, 2026
In the eyes of the law, certain driving errors – such as a DUI – hold a special place because you are often held accountable for the impact of an alternative ending that may have left casualties in its wake. If you ever do, or if you have already have found yourself in a DUI situation, it is best to face DUIs head on and to be as prepared as possible for any legal jargon that will be thrown your way.
A DUI can have repercussions that influence the rest of your life. Therefore, it is important to select a competent attorney that suits your individualistic needs as a client.
Three Steps To Hiring A DUI Lawyer:
Our team here at Alvine Law Firm, LLP, is here to meet with you to talk about your DUI case. But it is important to find the lawyer that you are most comfortable with. Here are some steps to hiring a criminal defense lawyer.
Do your research
If you are just starting to look for a DUI lawyer it is important to research thoroughly and intentionally about the specific skills a lawyer has what they are willing/qualified to do. It is also crucial to keep in mind that though you may be friends with a lawyer, it does not make them the right lawyer for your case.
Meet the attorney
When meeting with an attorney, honesty is always in your best interest. The attorney you are looking to hire needs to know everything about your case in order to make an ethical and hopefully winning case on your behalf.
If an attorney does not think they can handle or take your case on appropriately, honesty will serve you well as they may be able to offer you an alternative route. When you meet with your attorney it is important to bring all documents needed to have a successful first meeting (examples include: police report, DMV letters, and all documents related to the incident). Lastly, your comfort is also important in this case, therefore, here are some things to keep in mind/ask when meeting with your attorney:
- Ask the attorney about his/hers experience. It is always important to be weary of an attorney who tells you they can without a doubt win your case – there is simply no way of knowing that.
- Ask your attorney about their court history. How many cases has he/she brought to trial? How many of those cases has been dismissed? How many DUI cases have they handled?
- Leave the meeting with a clear strategy. When you leave your meeting with your attorney you should have a clear understanding of what comes next and what your attorney will be able to do/provide for you. Trust your gut and know that who you chose to represent you will have your best interest in mind.
Set a price
What is the price of a DUI lawyer? Well, it can vary quite a lot. It is important to weigh your options. Do you go with an attorney who does not charge as much but also lacks in experience? What about someone that may not have the best reputation? Or is the additional expense worth it to have a lawyer with a credible reputation? Most importantly, your attorney’s cost should be well understood in advance. There should either be a set hourly rate or a flat rate. Be sure to discuss all additional fees such as trial expense from the outset.
Frequently Asked Questions About South Dakota DUI
Facing a DUI charge in South Dakota can raise serious questions. Below, we address the most common questions to help you better understand South Dakota DUI laws and what to expect.
Do I really need a lawyer for a first-time DUI?
Yes, an experienced criminal defense attorney helps you understand the process and fight your charges when facing a first DUI. Even if you intend to plead guilty, your lawyer can assist with negotiating a plea bargain that may reduce the charges you face or limit the penalties the courts impose.
Will I lose my driver’s license immediately?
No, you do not lose your license immediately upon a DUI arrest. Instead, the police officer will confiscate your physical driver’s license and issue you a temporary permit. The state imposes an administrative license suspension, usually within seven to 15 days of your arrest. You have 10 days from your arrest to request a hearing to retain your license.
What are the potential penalties if I am convicted?
A first-time DUI without aggravating factors is typically a Class 1 misdemeanor. The penalties possible include up to $2,000 in fines and up to a year in jail. The court may also revoke your license for between 30 days and a year. You may need to undergo a chemical dependency evaluation in some cases, such as when your blood alcohol content (BAC) is more than twice the legal limit.
How long does a DUI stay on my record?
There are two official records of a South Dakota DUI conviction. The first involves your driving record. The state reports a DUI conviction on your driving record for 10 years.
The other record associated with DUI convictions is the criminal record that appears during background checks. South Dakota may report your conviction permanently. However, you may be eligible for an expungement if the offense was a misdemeanor and you avoid any additional criminal charges for five years after completing your sentence. If you qualify to receive a suspended imposition of sentence, then the records may be eligible for sealing after you fulfill all the requirements imposed by the courts.
What happens if I refuse the breathalyzer test?
Refusing a breath test after a DUI arrest violates South Dakota’s implied consent law. If this was the first time you refused a chemical test, you typically face a one-year license revocation. Additionally, the arresting officer can testify about your refusal during your trial. Refusing a breath test may lead to police officers seeking a warrant to conduct a blood test instead.
At Alvine Law Firm, LLP, we have spent thousands of hours fighting for individual’s rights after a DUI charge. Our team is ready to sit down with you and find a course of action that is right for you.