1. What is the legal limit for BAC with an Ignition Interlock Device in South Dakota?

The legal limit for BAC with an Ignition Interlock Device in South Dakota is .02%.

2. Does South Dakota require all DUI offenders to have an Ignition Interlock Device installed?

No, South Dakota does not require all DUI offenders to have an Ignition Interlock Device installed. However, the court has the discretion to impose an Ignition Interlock Device as part of sentencing.

3. How long must an Ignition Interlock Device remain installed in South Dakota after a DUI conviction?

In South Dakota, the length of time that an Ignition Interlock Device must remain installed after a DUI conviction depends on the severity of the offense. For first-time DUI offenders, the device must remain installed for a period of six months. For second-time DUI offenders, the device must remain installed for a period of twelve months. For third-time DUI offenders and beyond, the device must remain installed for a period of two years.

4. How often must a recalibration of an Ignition Interlock Device be done in South Dakota?

In South Dakota, an Ignition Interlock Device must be recalibrated every 60 days.

5. What are the fees for obtaining an Ignition Interlock Device in South Dakota?

The cost of an Ignition Interlock Device in South Dakota varies by provider. Generally speaking, installation costs range from $90 – $200, and a monthly fee for system use and monitoring can range from $40 – $100. Additionally, if the device needs to be serviced, there may be an additional fee ranging from $30 – $100.

6. Who is responsible for monitoring and maintaining an Ignition Interlock Device in South Dakota?

In South Dakota, the Department of Public Safety is responsible for monitoring and maintaining Ignition Interlock Devices. The department requires that all drivers convicted of DUI must have an Ignition Interlock Device installed in their vehicle and must comply with all requirements associated with it. Drivers are also responsible for ensuring that their device is tested and calibrated regularly, as well as paying for all expenses associated with the device.

7. Is a Breath Alcohol Ignition Interlock Device required for all drivers under 21 years of age in South Dakota?

No, a Breath Alcohol Ignition Interlock Device is not required for all drivers under 21 years of age in South Dakota. However, under certain circumstances, such as when a minor has committed a DUI offense, the court may require the installation of an Ignition Interlock Device.

8. Are there any restrictions on vehicles that can be used with an Ignition Interlock Device in South Dakota?

Yes, South Dakota restricts the use of Ignition Interlock Devices to vehicles with an engine size of 8 cylinders or less.

9. Is an Ignition Interlock Device required to obtain a hardship license in South Dakota?

No. South Dakota does not require an Ignition Interlock Device for someone to obtain a hardship license.

10. What are the penalties for tampering with or circumventing an Ignition Interlock Device in South Dakota?

In South Dakota, tampering with or circumventing an Ignition Interlock Device is a Class 2 misdemeanor. This could result in up to 30 days in jail and a fine of up to $500.

11. Are there any exemptions to the Ignition Interlock Device requirement in South Dakota?

Yes. In South Dakota, a person may be exempt from the Ignition Interlock Device requirement if they are a first-time offender with a Blood Alcohol Content (BAC) below .16, if they only had a revoked license due to nonpayment of fines or fees, or if they meet certain medical criteria.

12. Does South Dakota offer financial assistance to those who need to install an Ignition Interlock Device?

Yes, South Dakota does offer limited financial assistance for installation and monitoring of an Ignition Interlock Device. The state provides up to $20.00 per month to eligible low-income individuals. To qualify, applicants must demonstrate financial need and be referred by the court or probation officer.

13. What is the standard waiting period before a driver can have an Ignition Interlock Device removed from their vehicle in South Dakota?

In South Dakota, the standard waiting period before a driver can have an Ignition Interlock Device removed from their vehicle is one year.

14. Does South Dakota have a restricted license program for drivers who have installed an Ignition Interlock Device?

Yes, South Dakota does have a restricted license program for drivers who have installed an Ignition Interlock Device. These drivers must successfully complete an approved Ignition Interlock Course and have the device installed in their vehicle for at least one year. The restricted license is valid for up to one year and may be renewed upon successful completion of the course.

15. Are there special requirements for those installing an Ignition Interlock Device outside of court orders in South Dakota?

Yes, those who are installing an Ignition Interlock Device outside of court orders in South Dakota must meet certain criteria. The device must be installed by a qualified installer who is certified by the South Dakota Department of Public Safety. The installation must also meet the requirements set forth in the South Dakota Ignition Interlock Device Installation and Monitoring Rules. Additionally, the device must have been purchased from a qualified distributor.

16. Are there any laws specifically concerning the use of smartphones with Ignition Interlock Devices in South Dakota?

No, there are no laws specifically concerning the use of smartphones with Ignition Interlock Devices in South Dakota. However, the state does have laws requiring drivers with DUI convictions to install an ignition interlock device in their vehicles.

17. Does South Dakota require a background check before obtaining an Ignition Interlock Device permit?

Yes, South Dakota requires a background check before obtaining an Ignition Interlock Device permit.

18. Does South Dakota have any laws regarding Ignition Interlock Devices for commercial drivers?

South Dakota does not currently have any laws requiring the use of Ignition Interlock Devices for commercial drivers.

19. Is there any type of education or training required prior to using an Ignition Interlock Device in South Dakota?

Yes. Before using an ignition interlock device in South Dakota, drivers must complete an approved ignition interlock education program. The program covers the proper installation and use of the device, as well as how to maintain and track the device’s readings.

20. Are there any programs to help low-income drivers cover the cost of an Ignition Interlock Device in South Dakota?

Yes, in South Dakota, there are programs that help low-income drivers cover the cost of an Ignition Interlock Device. These programs are typically administered by the Department of Public Safety or county-level court systems.