Q: If I am stopped for DUI, do I have to perform the
field sobriety tests?
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Q: Can I be convicted of DUI for sleeping in my
vehicle?
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Q: How much will a DUI cost me?
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Q: Can a person be charged with DUI the day after a
"hit and run" accident with a telephone pole even if no one
actually saw him hit the telephone pole?
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Q: Why is it when you look in the court section of the
paper you read about several people convicted of DUI-1st offense, but
the fine and sentence is different from person to person?
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Q: If a defendant is charged with DUI-3rd Offense, are
his 2 prior DUI's admissible at trial to show that he has a
propensity to drink and drive, and thus, must be guilty of the 3rd
offense?
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Q: If a person has 2 prior DUI's, are there ways to
have the records sealed if a person meets certain criteria (like no
future offenses for a certain amount of time) or is a person doomed to
carry around this baggage on his record forever and have it show up on
all future employment background checks?
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Q: The Attorney General has proposed a twice-a-day
breathalyzer program, which is being implemented on a test basis in
four South Dakota counties, including Minnehaha. Is the breathalyzer
program being used as an alternative to jail sentences in DUI-2nd
and DUI 3rd cases?
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Q: If I am stopped for DUI, do I have to perform the
field sobriety tests?
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Q: Can a park ranger arrest you for DUI in a boat?
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Q: Can a blood test determine your blood alcohol
content (BAC) with 100% accuracy?
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Q: Can a person be convicted of DUI for riding a
horse while intoxicated?
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Q: How will my Commercial Driver's License be
affected if I am convicted of DUI?
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Q: Can a police officer legally stop me for turning
onto an alternate road to avoid going through a sobriety
check-point/road-block?
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Q: I am a farmer who has had my driver's license
revoked and I don't have a work permit. Can I drive my tractor to
and from the field on the public road?
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Q: Can a police officer legally stop me for turning
onto an alternate road to avoid going through a sobriety
check-point/road-block?
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Q: Can a person be convicted of DUI for riding a
bicycle while intoxicated?
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Q: Have field sobriety tests been
scientifically tested for accuracy? |
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Q: This holiday season I have seen multiple cartoons and
commercials depicting
Santa Claus and his
sleigh stopped for DUI. Could Santa really be convicted
of DUI in South Dakota? |
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DUI/DWI
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Q: If I am stopped for DUI,
do I have to perform the field sobriety tests?
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A: No. A person can always refuse to
participate in law enforcement's field sobriety tests. If you do refuse,
the Government can tell the jury at your trial that you refused to perform
the tests. A person can also refuse to take a blood test if they have not
twice been convicted of DUI in the last ten years. But again, the
Government can inform the jury of your refusal. Also, if you refuse to
take a blood test, your driver's license will be revoked for one year
even if you are found not guilty of DUI.
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Q: Can I be convicted of DUI
for sleeping in my vehicle?
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A: Maybe. It has happened before. A
person has been convicted of DUI when found sleeping behind the wheel of
his parked vehicle even though the keys were not in the ignition. In South
Dakota, a person is guilty of DUI if he is in "actual physical
control" of a vehicle while intoxicated. All that is necessary to
establish "actual physical control" of a vehicle is proof that
vehicle was operable and that the defendant was in a position to
manipulate the controls which would cause it to move.
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Q: How much will a DUI cost
me?
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A: It depends on whether it is your first
offense or not. Here are some of the costs commonly associated with a DUI
conviction in Sioux Falls. Fine $350-750; Court Costs $45; Reimburse State
for Cost of Blood Test $55; Substance Abuse Evaluation $40; Out-Patient
Alcohol Treatment $700-1200; Interlock Breath Tester for Vehicle $80
installation fee, $60/month rental fee; Electronic Monitoring during House
Arrest $10/day. You will also have attorney's fees and an increase in
your insurance rates. If you are currently paying a premium rate, you can
expect that to double.
REMEMBER YOUR RIGHT TO REMAIN SILENT!
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Q: Can a person be charged
with DUI the day after a "hit and run" accident with a telephone
pole even if no one actually saw him hit the telephone pole?
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A: Sure, if the State had enough
circumstantial evidence. For example, a witness hears a noise outside and
looks to see a car driving away from a downed telephone pole. Police then
locate the vehicle through its license number and find collision damage.
The State then only has to prove the driver's identity and the driver's
level of intoxication at the time of the crash. A bartender could provide
this evidence. In most cases, however, people tell on themselves the
minute police knock on their door and ask to see their vehicle. The State's
case gets much easier at that point.
REMEMBER YOUR RIGHT TO REMAIN SILENT!
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Q:
Why
is it when you look in the court section of the paper you read about
several people convicted of DUI-1st offense, but the fine and sentence is
different from person to person?
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A: Under state law, judges have wide
discretion in sentencing a defendant, and they look at a number of factors
in arriving at an appropriate sentence. The factors include: the nature of
the offense; any injuries caused to others; the defendant's personal
background, family history, substance abuse history, financial condition,
prior criminal record, acceptance of responsibility, remorse, and prospect
of rehabilitation; and the interest of the public in retribution and
deterrence. Judicial discretion is a good thing. No one is in a better
position to determine an appropriate sentence than a judge. No two crimes
and no two defendants are the same.
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Q: If a defendant is charged
with DUI-3rd Offense, are his 2 prior DUI's admissible at
trial to show that he has a propensity to drink and drive, and thus, must
be guilty of the 3rd offense?
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A: No. Evidence of prior crimes is not
admissible at trial in order to show a defendant's bad character, or his
propensity to commit crimes. The State must prove its case based on the
facts of the current charge alone. The State can't argue that someone is
obviously guilty of DUI because they have a long history of drinking and
driving. While a person's criminal record is not admissible to prove
guilt or innocence, it is one of the most important facts considered by
the Judge at sentencing.
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Q: If a person has 2 prior
DUI's, are there ways to have the records sealed if a person meets
certain criteria (like no future offenses for a certain amount of time) or
is a person doomed to carry around this baggage on his record forever and
have it show up on all future employment background checks?
|
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A: Unfortunately, short of a pardon by
the Governor, your "doomed." A pardon is the only way to have 2
prior DUI's removed from your record.
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Q: The Attorney General has
proposed a twice-a-day breathalyzer program, which is being implemented on
a test basis in four South Dakota counties, including Minnehaha. Is the
breathalyzer program being used as an alternative to jail sentences in
DUI-2nd and DUI 3rd cases?
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A: No. The daily breathalyzer program is
only being used as a condition of pre-trial release to monitor those
defendants who cannot otherwise satisfy the judge that they do not pose a
danger to the community. Judges are still imposing jail sentences in
almost all DUI-2nd and DUI-3rd cases.
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Q: If I am stopped for DUI,
do I have to perform the field sobriety tests?
|
|
A: No. A person can always refuse to
participate in law enforcement's field sobriety tests. If you do refuse,
the Government can tell the jury at your trial that you refused to perform
the tests. A person can also refuse to take a blood test if they have not
twice been convicted of DUI in the last ten years. But again, the
Government can inform the jury of your refusal. Also, if you refuse to
take a blood test, your drivers license will be revoked for one year
even if you are found not guilty of DUI.
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Q: Can a park ranger arrest
you for DUI in a boat?
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A: Yes. State park rangers and
conservation officers have the same powers of arrest as a sheriff or a
constable, and the same rules for drinking and driving in a car apply to
boats. It is a Class 1 misdemeanor to operate a boat on the public
waterways of this state if your blood alcohol content is 0.08 % or more,
or if you are under the influence of alcohol.
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Q: Can a blood test
determine your blood alcohol content (BAC) with 100% accuracy?
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A: No, not 100%. The real issue in DUI
cases is determining a person's BAC at the time they were driving. A
person's BAC is not the same at the police station an hour after an
arrest as it was at the time they were driving. A person's BAC is
constantly changing depending on a number of factors. Factors include when
the person took his last drink, what he drank, how fast or slow he drank
it, the size of the person, what the person last had to eat and when, as
well as several other factors. Government chemists attempt to arrive at a
person's BAC at the time of arrest by "back extrapolating,"
but it is not an exact science.
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Q: Can a person be convicted
of DUI for riding a horse while intoxicated?
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A: Yes, but only for a couple more
months. A new law will go into effect July 1, 2006, excluding horses and
other animals from the DUI laws.
For those of you who like to party and are looking for a new "legal"
form of transportation, call Cory Sargent, Sargent Quarter Horses,
Clearfield, SD (605) 557-3290.
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Q: How will my Commercial
Driver's License be affected if I am convicted of DUI?
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A: The law regarding Commercial Driver's
Licenses (CDLs) changed in September 2005 due to a mandate from the
federal government. Now, if you are convicted of a first offense DUI, your
Commercial Driver's License (CDL) will be revoked for a minimum of one
year even if you are driving a non-commercial at the time of your
DUI arrest. A second or subsequent DUI conviction results in a lifetime
revocation of your CDL.
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Q: Can a police officer
legally stop me for turning onto an alternate road to avoid going through
a sobriety check-point/road-block?
|
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A: Yes. The South Dakota Supreme Court
has held that a police officer's observation of a vehicle turning around
to avoid going through a sobriety roadblock constituted a reasonable
suspicion to stop a motorist and was thus constitutionally permissible.
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Q: I am a farmer who has had
my driver's license revoked and I don't have a work permit. Can I
drive my tractor to and from the field on the public road?
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A: Yes. You don't need a driver's
license to drive a farm tractor or implement of husbandry to or from the
home farm buildings to or from any adjacent or nearby farmland for the
exclusive purpose of conducting farm operations." Also, you don't
need a driver's license to drive any vehicle on your private property.
You can also drive a four-wheeler without a license so long as you stay in
the ditch and only go on the road to cross.
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Q: Can a police officer
legally stop me for turning onto an alternate road to avoid going through
a sobriety check-point/road-block?
|
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A: Yes. The South Dakota Supreme Court
has held that a police officer's observation of a vehicle turning around
to avoid going through a police roadblock constituted a reasonable
suspicion to stop a motorist and was thus constitutionally permissible.
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Q: Can a person be convicted
of DUI for riding a bicycle while intoxicated?
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A: Not any more. A new law just took effect
July 1, 2006, excluding bicycles, tricycles, all unpowered foot-pedal
conveyances, horses and other animals from the DUI laws.
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Q: Have field
sobriety tests been scientifically tested for accuracy?
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A: The
National Highway Traffic Safety Administration (NHTSA) has done studies
over the last 30 years to determine the accuracy of the various sobriety
tests used by police.
Based on its research, NHTSA has endorsed 3 tests the
walk-and-turn test (WAT), the one-leg-stand test (OLS), and the horizontal
gaze nystagmus test (HGN).
When performed correctly by the arresting officer, these tests have
claimed reliability rates of 68% for WAT, 65% for OLS, and 77% for HGN.
Cumulatively, if all are done correctly, up to 83% correlation to a
BAC of 0.10% or higher may be expected.
The use of other tests is discouraged.
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| Q:
This holiday season I have seen multiple cartoons and commercials
depicting Santa Claus and his sleigh stopped for DUI. Could Santa
really be convicted for DUI in South Dakota?
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| A.
If depends on whether Ol' St. Nick was riding in the sleigh or riding on
Rudolph's back. He is guilty of DUI if while under the influence of
alcohol, he is in actual physical control of a vehicle, to wit: his
sleigh. However, our law provides that any person "riding
a horse or other animal" is excluded from the DUI laws. As long
as he was riding a reindeer instead of in his sleigh, he would not be
guilty of DUI.
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