South Dakota DUI Chemical Dependency Evaluation: What to Expect and How to Prepare

The chemical dependency evaluation is one of the most consequential steps in a South Dakota DUI case, and most people underestimate how directly it shapes their sentence. The evaluator's recommendations go straight into your court file, and the sentencing judge uses them to set probation conditions, treatment requirements, and program enrollment. Getting it done early — and understanding what it involves — gives you more control over the outcome.

When the Evaluation Is Required

Under SDCL 32-23-2.1, a chemical dependency evaluation is mandatory if your BAC was 0.17% or higher. The evaluation and any recommended treatment must be completed at the defendant's expense.

Even when the evaluation isn't legally required (BAC under 0.17%), defense attorneys strongly recommend completing one before sentencing. A completed evaluation is highly recommended before sentencing because it can facilitate negotiations for a Suspended Imposition of Sentence (SIS). Judges want to see the results before deciding whether to grant that option, and walking into sentencing without one signals that you haven't taken the process seriously.

What the Evaluation Involves

A state-certified addiction counselor conducts the assessment, which typically includes:

• A structured interview about your alcohol and substance use history
• Standardized screening questionnaires (common instruments include the ASI, AUDIT, or SASSI)
• Review of your arrest circumstances and BAC level
• Assessment of family history and psychosocial factors
• A clinical determination of whether substance abuse treatment is indicated

The entire appointment usually takes one to two hours. The counselor then writes a formal report with specific treatment recommendations — ranging from no treatment needed, to an educational program, to outpatient counseling, to intensive outpatient or residential treatment.

How It Affects Your Sentence

The evaluator submits the completed report directly to the Clerk of Courts, where it's placed in your active case file. The sentencing judge reviews it before your hearing and typically incorporates the recommendations into your probation conditions.

If the evaluation recommends a 12-hour DUI education class ($175), that becomes a probation requirement. If it recommends outpatient treatment (multiple sessions over several weeks or months), that becomes a requirement too. Failing to complete the recommended treatment is a probation violation.

This is why the evaluation matters strategically: an evaluator who recommends a modest educational program rather than intensive treatment makes your probation conditions lighter. Being honest during the assessment — while not volunteering information beyond what's asked — is the standard advice.

Choosing a Provider

You must use a state-certified evaluation provider. Each judicial circuit maintains a directory of approved agencies. The Second Judicial Circuit (Minnehaha and Lincoln counties) list is available through the UJS website. Other circuits maintain similar directories through their local court offices.

Common providers charge $150 to $275 for the evaluation itself. Some accept payment plans. The mandatory 12-hour DUI education class, if recommended, is an additional $175.

Confidentiality and the Release Form

Before the evaluation begins, you must sign a Release of Confidential Information. This authorizes the counselor to transmit the final report to the Clerk of Courts. Without this signed release, the evaluator cannot share the results with the court, and the judge won't have the information needed for sentencing.

The release is specific to the court — the evaluator isn't authorized to share your information with employers, family members, or anyone else unless you sign a separate release for them.

Timing Matters

Schedule the evaluation as early as possible in the process — ideally within the first 30 days after arrest. Reasons:

1. High-BAC defendants (0.17%+) need it completed before sentencing as a statutory requirement
2. Having results in hand before plea negotiations gives your attorney leverage to negotiate for an SIS
3. Demonstrating proactive compliance influences the judge's perception at sentencing

The South Dakota First-Offense DUI Guide includes a provider selection checklist and a timeline for coordinating the evaluation with your court dates.

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