South Dakota DUI First 30 Days Checklist: What to Do After Your Arrest

The first 30 days after a DUI arrest in South Dakota set the direction for your entire case. Missing a deadline during this window can cost you your license for a year with no recourse, while hitting each step on time preserves every option you have. Here's the chronological sequence, starting from the morning after.

Days 1–2: Document Everything

Before the shock wears off, secure your paperwork:

• Photograph every document: citation, bond release sheet, temporary driving permit, and any Notice of Intent to Revoke
• Confirm whether you took the chemical test or refused it — this determines which administrative track you're on
• Write down everything you remember about the stop, the arrest, and the testing process while details are fresh

If you refused the chemical test, the officer should have confiscated your physical license and issued a paper Notice of Intent to Revoke. That document is your temporary driving permit and is valid for 120 days. Do not lose it.

Days 1–10: Evaluate Legal Representation

You have three options, and the clock is running on all of them:

Private defense attorney: Retainers typically range from $1,500 to $5,000 in South Dakota. Consultations are often free. An attorney can negotiate with the prosecutor, file suppression motions, and petition for a restricted driving permit.

Public defender: You can apply at your arraignment. Eligibility depends on household income and assets — in Minnehaha County, applicants with personal or real property equity exceeding $20,000 are generally ineligible. Be aware that South Dakota requires repayment of public defender costs, and the county can place a lien on your property to collect.

Self-representation: Legal but risky, particularly when navigating the SIS process, evidence challenges, or restricted permit applications.

Days 1–15: Check for Administrative Notices

If you receive a mailed notice of intent to withdraw driving privileges from the DPS (for reasons beyond the DUI, such as point accumulation), you have 15 days from the postmark date to submit a written hearing request. This deadline is strict — postmark or delivery within 15 days, not 15 business days.

Days 1–120: Contest a Refusal Revocation

If you refused the chemical test, you have 120 days from the date of arrest to submit a written hearing request to the DPS to contest the automatic one-year revocation. This is your only opportunity to challenge the administrative revocation. The hearing reviews whether the officer had probable cause, whether you were properly advised of consequences, and whether the refusal actually occurred.

The 120-day window is generous compared to other states, but don't let that create false comfort. File early.

Days 14–30: Prepare for Arraignment

Your initial court appearance typically falls in this window. Before you go:

• Confirm the date, time, and courtroom with the county Clerk of Courts
• Have your legal representation decided and, if applicable, your attorney filed an appearance
• Plan to enter a "Not Guilty" plea to preserve your options while discovery is reviewed
• Bring $96.50 for standard court costs (cash or check — confirm accepted payment methods with the clerk)

Days 15–30: Enroll in Sobriety Monitoring (If Required)

If your BAC was 0.17% or higher, 24/7 participation is a mandatory condition of receiving court-ordered restricted driving privileges; the magistrate may also order it as a bond condition. Enroll through the county sheriff's office. Bring the signed Participation Agreement form and be prepared to pay the $30–$40 enrollment fee.

Days 20–30: Schedule a Chemical Dependency Evaluation

Even if your BAC was below 0.17% and a court hasn't ordered one yet, scheduling a chemical dependency evaluation early accomplishes two things:

1. It's mandatory for high-BAC cases under SDCL 32-23-2.1; for defendants considering SIS, completing it before sentencing is highly recommended and can facilitate negotiations
2. A completed evaluation before your first plea negotiation demonstrates proactive compliance and strengthens your attorney's position

Evaluation fees range from $150 to $275. Use a state-certified provider from your judicial circuit's directory. The provider will send the completed report directly to the Clerk of Courts.

Beyond 30 Days

With the critical deadlines handled, the next months involve attending scheduled court dates, complying with any monitoring programs, maintaining SR-22 insurance if applicable, and working with your attorney through plea negotiations or trial preparation.

The South Dakota First-Offense DUI Guide provides fillable deadline trackers, a court-date calendar, and step-by-step instructions for each administrative filing so nothing falls through the cracks.

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