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Sioux Falls DWI Lawyers

  1. Tschetter & Adams: you deserve legal expertise from a responsive attorney who gets to know you, returns your calls, and gets things done.
  2. Wilka & Welter: The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense.
  3. Peterson Law: Personal Injury Criminal Defense DUI/DWI Drug Charges Family Law Wills & Probate Business Litigation
  4. Alvine & King: Your rights are guaranteed in the Bill of Rights in the United States Constitution and in the South Dakota Constitution. These rights include: Your right to be represented by a lawyer. You are presumed innocent and the burden of proof lies with the government. You have the right to remain silent as guaranteed by the Fifth Amendment. You have the right to a speedy public trial. You have the right to an impartial trial. You have a right to confront witnesses brought against you. You have the right to subpoena witnesses for your defense. You have protection against cruel and unusual punishment. You have a right to appeal your conviction to a higher court.
  5. Crew & Crew: dwi, dui, owi, oui
  6. Der Hagopian Law Office: DWI Assaults Drug Offenses Homicide Juvenile cases All types of Felonies Misdemeanors
  7. Moore, Rasmussen, Kading & Kunstle: Criminal Defense Criminal Defense Law includes all felony and misdemeanor charges in both State and Federal Court. This includes all drug, alcohol and traffic related offenses.
  8. Brende, Schroeder & Meadors: criminal law attorneys & lawyers, dwi, dui, owi, oui attorneys & lawyers
  9. Strange, Farrell, Johnson & Brewers: What do I do if the police want to question me? Do not talk to the police. Talk to your lawyer. You have no obligation to talk to the police, with the exception of providing your name, address and a form of identification if requested. Do not attempt to explain yourself even if the officer promises to Ņgo easy on youÓ. Many convictions are the result of statements made by suspects themselves to police officers. Anything you say can be used against you. Politely inform the officer that you do not wish to answer any questions and that you would like to talk to a lawyer. What should I do if I am arrested? The number one rule is to be polite but do not give the police information other than identifying information such as your name and address, etc. Never be rude to a police officer, as it will only make matters worse. Never refuse or resist arrest. Inform the officer that you would like to talk to a lawyer. What rights do I have if I am arrested? You have the right to remain silent, and anything you say may be used against you. You have the right to be represented by a lawyer. If you cannot afford to hire a lawyer, one will be appointed to you by the court. You have the right to a speedy, public jury trial in the county in which you are arrested with an impartial jury of your peers. You are presumed innocent of the charges until the State has proven you guilty of the offense charged against you beyond a reasonable doubt. You have the right to confront and cross-examine any witness that the State has against you. You have the right against self-incrimination, which means that you cannot be made to say anything harmful or damaging to yourself. The State cannot call you as a witness and cannot make any reference to the jury at your trial suggesting your guilt based upon your silence. You have the right to present evidence and have the court issue an order called a subpoena that directs witnesses to appear in court to testify on your behalf. The first two rights listed above are what is known as your Miranda rights. You must be informed of your Miranda rights once you are arrested and before the police officer or other law enforcement agent questions you about the alleged crime. What if the police do not read me my Miranda rights? Contrary to popular belief, the police do not have to read you your Miranda rights unless they decide to question you about the alleged crime. If you are questioned without having been informed of your Miranda rights, you may move to have your statements excluded from use at trial. However, this does not automatically mean that the charges will be dismissed against you. What is the difference between a misdemeanor and a felony? Felony charges are more serious than misdemeanor charges. In South Dakota, a misdemeanor can carry a sentence of up to one year in the County Jail. A felony can carry a much longer sentence in the State Penitentiary. Do I need a lawyer? Almost always, yes. If you have reason to believe you are being investigated as a criminal suspect, it is a good idea to contact a criminal defense lawyer who can better advise as to your particular case, especially if a law enforcement officer has asked to speak with you. If you have been arrested or charged with a crime, you need a lawyer Š period. How do I get out of jail once I am arrested? Every person has the right to be released from jail upon the posting of bail in the amount ordered by the court unless the court determines that the bail will not reasonably assure such personÕs appearance in court or that such person may pose a danger to the community. Money posted for bail is returned to the person who posted it after the case is resolved, unless the defendant fails to appear at a scheduled court hearing, which may cause your bail to be forfeited to the court. If you cannot afford the bail, you may contact a bail bonding company who will post the bail for you upon payment of the bondsmanÕs fee (typical 10% of the bail amount). This amount will not be returned to you as it is the companyÕs fee for posting bail. It should be noted that if you are arrested, you may be stuck in jail until bond is set by the court. You must be taken before the court without unnecessary delay for purposes of setting bail. This means that if you are arrested on a weekend or a holiday, you may be kept in jail until the next regularly scheduled court session, depending on the charge and the policy of the county in which you are arrested. What does it mean to be indicted? If you are indicted, it means that a grand jury has determined that the State has enough evidence to charge you with a crime. A grand jury is a group of citizens who are gathered by the court to hear the prosecutorÕs evidence in the investigation of a crime. It is the grand juryÕs responsibility to decide if there is sufficient evidence to charge a person with a crime. In South Dakota, a grand jury proceeding is secret and is conducted without the notice to the person who is the subject of the proceedings. What is the maximum sentence for a DUI conviction? In South Dakota, the legislature has enacted an aggravation system for DUI convictions. This means that the penalties increase for each subsequent DUI conviction. A first offense DUI conviction is a Class I Misdemeanor that carries a maximum sentence of up to one year in the County Jail, a $2,000 fine and loss of driverÕs license up to one year with a minimum loss of your driverÕs license for 30 days. A second DUI conviction within ten years remains a Class I Misdemeanor with a maximum sentence of up to one year in the County Jail and/or a $2,000 fine, however, a second offense DUI conviction carries a mandatory loss of your driverÕs license for one year and an alcohol treatment program must be completed before you are entitled to receive a work permit or to reinstate your driving privileges. Three or more convictions of Driving Under the Influence within ten years become a felony, which carry maximum sentences in the South Dakota State Penitentiary, as well as potential loss of your driverÕs license for the remainder of your life. For purposes of a DUI conviction, what is the legal blood alcohol content (BAC)? South Dakota law provides that a person is presumed to be under the influence of an alcoholic beverage if that person has a BAC greater than or equal to 0.08% by weight of alcohol in a personÕs blood. What is a Dispositional Conference (DC)? A DC is a time scheduled by the court to meet with the prosecutor to discuss whether an agreement can be reached to settle your case. This is otherwise known as plea bargaining. If an agreement is not reached at the DC, negotiations to settle the case may continue up and until the deadline for reaching a plea bargain agreement that is typically set by the court. Can my attorney appear in court for me without me being personally present? Yes, in all traffic and misdemeanor cases. However, if you are charged with a felony, you must personally attend each session of court. Failure to personally appear at each court hearing on a felony charge is punishable by an additional felony charge that carries a maximum sentence of up to two years in the South Dakota State Penitentiary. When can a police officer conduct a search? A police officer may only search you, your home or your car either with your consent or with a search warrant, subject to a few exceptions: If you are arrested, a police officer can search you without a warrant for weapons, evidence or illegal or stolen goods. Your home may only be searched without consent or warrant in emergency situations or if you are taken into custody in your home, a police officer may search only the limited area in which you are arrested. Your automobile may be searched without your consent or a warrant if an officer has probable cause to believe it contains illegal or stolen goods or evidence of a crime. If a police officer stops your car for any legal reason, they can take any illegal goods observed in plain site. If you, your home or your car are searched illegally, a motion can be made to prevent the illegally obtained evidence from being used against you in court. Even if the judge determines that such evidence should be suppressed from use against you at trial, that does not always mean that your case will be dismissed. What are the consequences of a felony conviction in South Dakota? In addition to the sentence that you receive from a felony conviction, a number of your rights as a citizen are affected. Upon conviction of a felony: You lose the right to own or possess a firearm. You lose the right to vote. You lose the right to hold public office. You lose the right to become a candidate for public office. You lose the right to serve on a jury. You must forfeit all private trusts, authorities or powers. Your consent may not be needed before your parental rights are terminated and your child is adopted by another person. You lose the opportunity to ever receive a suspended imposition of a criminal conviction in the future. You may be tried as a habitual offender if future crimes are committed and you will face stiffer criminal sentences as a result. You will be required to serve greater proportions of any future
  10. Lockwood and Zahrbock Kool Law Office: Criminal Law DUI/DWI Narcotics Assaults Thefts Felonies/misdemeanors Juvenile law
  11. Clint Sargent:

    Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

    Q: Can I be convicted of DUI for sleeping in my vehicle?

    Q: How much will a DUI cost me?

    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?

    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?

    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?

    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?

    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?

    Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

    Q: Can a park ranger arrest you for DUI in a boat?

    Q: Can a blood test determine your blood alcohol content (BAC) with 100% accuracy?

    Q: Can a person be convicted of DUI for riding a horse while intoxicated?

    Q: How will my Commercial Driver's License be affected if I am convicted of DUI?

    Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

    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?

    Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

    Q: Can a person be convicted of DUI for riding a bicycle while intoxicated?
                         Q: Have field sobriety tests been scientifically tested for accuracy?

                        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?

    DUI/DWI

    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 driver's license will be revoked for one year even if you are found not guilty of DUI.

     

    Q: Can I be convicted of DUI for sleeping in my vehicle?

    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.

     

    Q: How much will a DUI cost me?

    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!

     

    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?

    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!

     

    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?

    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.

     

    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?

    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.

     

    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?

    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.

     

    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?

    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.

     

    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.

     

    Q: Can a park ranger arrest you for DUI in a boat?

    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.

     

    Q: Can a blood test determine your blood alcohol content (BAC) with 100% accuracy?

    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.

     

    Q: Can a person be convicted of DUI for riding a horse while intoxicated?

    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.

     

    Q: How will my Commercial Driver's License be affected if I am convicted of DUI?

    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.

     

    Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

    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.

     

    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?

    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.

     

    Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

    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.

     

    Q: Can a person be convicted of DUI for riding a bicycle while intoxicated?

    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.

     

    Q: Have field sobriety tests been scientifically tested for accuracy?

    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.

     
    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?
    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.

     
  12. Thesenvitz & Mickelson: You should consult an attorney for individual advice regarding your own situation.
  13. David Palmer: Your right to an impartial trial means that your case should be decided by a judge or jurors who do not have preconceived notions about the type of offense being charged. It also means that your case should be decided by a judge or jurors who have not already made up their mind about your guilt.
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