South Dakota Since July 2011, repeat and first-time offenders with a BAC of .17 or greater have the option to enter the state’s 24/7 program and have the choice to use an interlock. From 2006 to 2020 in South Dakota, interlocks stopped 2,040 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 197 attempts to drive drunk in 2020.
Grade: F (0/100) South Dakota uses interlocks as part of the 24/7 program. The state should enact an all-offender interlock law so more drunk drivers use an interlock.
Why does MADD not call the law all-offender? Judges are not required to order an interlock for first-time offenders or as a condition of driving privileges for participation in the 24/7 program. Process to obtain an ignition interlock 1. Serve any jail or suspension time, complete sobriety program and any community service. 2. Schedule an appointment to have an interlock device installed. 3. Fill out an SR-22 form and send to the DPS office. 4. Take the vision/knowledge and driving tests. 5. Pay all applicable fees to the DPS. 6. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense As soon as bond is Unclear
Require interlocks for all first- time drunk drivers. Eliminate waiting time for repeat offenders to install an interlock. Allow for the use of interlocks for any refusal
granted or participation into the 24/7 program
Unclear
Second offense
Interlocks not available for first-time refusals
First refusal
Yes
Can a drunk driver wait out an interlock order?
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal?
No
Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation? No Legislative Recommendation Interlocks required for plea agreements or diversion?
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
No
Affordability program?
Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.
Legislative Recommendation
Sources: § 1-11-24, South Dakota Attorney General.
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