What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in South Dakota?Ignition Interlock Devices (IIDs) are in-car breathalyzer systems that are designed to help prevent impaired driving. In South Dakota, they are used mainly in cases of drunk driving or other drug-related driving offenses. The IID is installed in the vehicle and requires the driver to blow into the device before the vehicle can start. If the IID registers a blood alcohol concentration (BAC) of 0.02 or higher, the vehicle will not start. The IID also records all attempts to start the vehicle and requires the driver to blow into the device periodically while the vehicle is in motion. This helps to ensure that the driver is not drinking while operating the vehicle.
Are IIDs mandatory for DUI or DWI offenders in South Dakota?No, IIDs are not mandatory for DUI or DWI offenders in South Dakota. However, an individual may be required to install an IID as part of their court-ordered sentence.
Is there a minimum BAC level or specific circumstances that trigger IID installation in South Dakota?Yes, the state of South Dakota has a mandatory minimum BAC (blood alcohol concentration) level of .08 or higher that will trigger an IID (ignition interlock device) installation. In addition, certain circumstances, such as a plea agreement to a DUI charge or being convicted of a DUI in another state, may also require an IID installation.
Are there different rules for first-time DUI offenders compared to repeat offenders in South Dakota?Yes, there are different rules for first-time DUI offenders compared to repeat offenders in South Dakota. For first-time DUI offenders in South Dakota, the penalties include a fine of up to $500, up to one year in jail, and license suspension for 30 days with the possibility of an additional six months of restricted driving. Repeat offenders face more severe penalties, including fines of up to $2,000, up to two years in prison, and license suspension for one year with the possibility of an additional two years of restricted driving. Additionally, repeat offenders could be required to install an ignition interlock device in their vehicle.
How long is an IID typically required to be installed in a vehicle in South Dakota?In South Dakota, an ignition interlock device (IID) is typically required to be installed in a vehicle for one year following a conviction for driving under the influence (DUI).
Are there fees associated with the installation, maintenance, and removal of IIDs in South Dakota?Yes, there are fees associated with the installation, maintenance, and removal of IIDs in South Dakota. The fees vary depending on the jurisdiction in which the IID is being installed, maintained, or removed. Generally, installation fees range from $50 to $150, and monthly monitoring and maintenance fees can range from $25 to $100. Removal fees can also vary, but typically range from $50 to $100.
Do IIDs have any impact on insurance premiums for the vehicle owner in South Dakota?The short answer is no. IIDs, or ignition interlock devices, are devices that prevent the vehicle from starting if the driver has been drinking alcohol. These devices are required in some states for certain offenses related to driving under the influence (DUI) and are not typically considered when calculating insurance premiums in South Dakota. However, drivers with prior DUI convictions may pay higher premiums due to their higher risk profile.
What happens if a driver fails an IID breath test while attempting to start the vehicle in South Dakota?If a driver fails an IID breath test while attempting to start the vehicle in South Dakota, their license will be temporarily suspended. The driver may also be subject to fines and possible court-ordered treatment or counseling.
Is there a requirement for periodic rolling retests while driving with an IID in South Dakota?Yes, the South Dakota Department of Public Safety requires that IID-equipped vehicles be tested every 30 days while the driver is enrolled in the program. The IID must be tested at an approved service center and connected to a computer to check its performance.
Can someone other than the offender drive the vehicle with an IID installed in South Dakota?Yes. As long as the other driver has a valid driver’s license, they may drive the vehicle with an IID installed in South Dakota.
Are there penalties for attempting to tamper with or circumvent the IID in South Dakota?Yes, there are penalties for attempting to tamper with or circumvent the IID in South Dakota. If you are convicted of tampering with or circumventing your IID, you could face a fine of up to $500 and/or imprisonment for up to 30 days. Additionally, if you are caught driving without an IID as required by the court, your license could be suspended or revoked.
How does our state monitor and enforce compliance with IID requirements in South Dakota?The South Dakota Department of Public Safety (DPS) is responsible for monitoring and enforcing compliance with the state’s ignition interlock device (IID) requirements. The South Dakota DPS continuously monitors and inspects all IID installations, calibrations, breath tests, and violations reported by IID service centers. The DPS also has the authority to suspend or revoke a driver’s license for non-compliance with any of the state’s IID requirements. In addition, the DPS enforces penalties including fines, fees, and/or jail time for violations of the state’s IID laws.
Is there a process for appealing or contesting the IID requirement in South Dakota?Yes, a person charged with a DUI in South Dakota may appeal the IID requirement. The appeal must be made in writing within 10 days of being ordered to install an IID. The appeal will be heard by the same judge that issued the IID order. During the appeal hearing, the defendant must present evidence to support his or her argument for why the IID should not be required. If the judge finds that the defendant has proven his or her case, he or she may dismiss the IID requirement.
Can individuals request a hardship or restricted license during IID installation in South Dakota?No, individuals cannot request a hardship or restricted license during IID installation in South Dakota. The South Dakota Department of Public Safety outlines that the individual must be eligible for a driver’s license, have completed their suspension period, and obtained an ignition interlock device permit before they can be issued a restricted license.
What happens if someone accumulates violations or fails to comply with IID requirements in South Dakota?If someone accumulates violations or fails to comply with IID requirements in South Dakota, they may face fines, jail time, and/or license suspension. Depending on the severity and type of violation, the penalties may vary. For example, a first-time violation of an ignition interlock device requirement may result in a fine of up to $500; a second or subsequent violation may result in a fine of up to $1,000 and/or jail time of up to 30 days. Other possible penalties for failing to comply with IID requirements include driver’s license suspension and/or additional license reinstatement fees.
Are there provisions for indigent individuals who cannot afford IID costs in South Dakota?Yes, South Dakota generally offers a financial hardship program for people who cannot afford the cost of an ignition interlock device. Eligible individuals may be able to receive up to $1,000 in assistance with installation and monthly monitoring fees for the device. Other requirements may apply.
How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in South Dakota?IIDs have a significant impact on CDL holders in South Dakota. Any CDL holder arrested for a DUI, DWI, or any alcohol-related offense will be required to install an ignition interlock device on any vehicle they operate. Prior to reinstatement of CDL privileges, the driver must also submit proof of IID installation and use for a period determined by the court.
Additionally, any CDL holder who is found to have been operating a commercial vehicle while impaired by alcohol or drugs will be disqualified for the minimum period of one year. During this period, the driver will not be permitted to operate any commercial motor vehicle. After the disqualification has expired, the driver will again be required to submit proof of IID installation and use before CDL privileges are restored.