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DUI FAQs Answered

DUI charges can come as quite a shock to you if you thought you only had a buzz. Whether you are surprised by your charges or not, you may have some questions about DUI charges. We here at Gellhaus & Gellhaus, P.C. want to help you fight these charges, and the first step is by answering some of your questions.

What Is The Amount Of Blood Alcohol Content (BAC) I Can Drive With Before It Qualifies As Driving Under The Influence In The State Of South Dakota?

South Dakota law states that if you have 0.08% or more alcohol in your blood, which can be determined through various specified tests, you qualify as driving under the influence of alcohol.

Does That Mean I Can Drive With A 0.07% BAC?

No. If you were pulled over and the officer determines that you are under the influence of alcohol, you can receive a DUI charge if your BAC is above 0.05. If you were under 0.05. You are not under the influence of alcohol.

Can I Still Receive A Driving Under The Influence Charge If I Am Not Driving My Vehicle At The Time I Received Charges?

State law indicates that any person who is physically in control of a motor vehicle can be charged with a DUI, regardless of whether or not they are driving. An example of this would include sleeping in the driver seat of a parked vehicle with the keys in the ignition.

What Are The Consequences Of A DUI Conviction?

If your DUI conviction is your first, the consequences can result in the state revoking your privileges to drive for anywhere between 30 days and a year. The consequences for a conviction increase until you reach your 5th conviction or after. At this point, your license becomes permanently revoked for no less than 3 years, in addition to considerable time spent in prison.

What Can I Do To Fight My Charges?

You can choose to have an experienced attorney represent your legal rights in the hopes of reducing or dropping your sentencing. Our team has been representing the Aberdeen community for years, and we know what it takes to defend your license and your future. Contact us by calling us at 605-277-4206, or emailing us here to schedule your initial consultation today.