Zoey Hilmoe | Staff Intern for Dells City Journal
Ringing in the new year for many adults include a night out with alcoholic beverages to celebrate the night. Be sure to include a sober driver in your New Year’s Eve plans this year.
Minnehaha County Deputy Phil Ryan was able to provide several stats and information about driving under the influence.
When asking Deputy Ryan how many DUIs he gives out every year he responded, “Well, I would say I would like to change your verbiage because Law Enforcement does not ‘give out’ DUI’s, we identify and then take necessary action to get impaired drivers off the road. Only the court system can administer a punishment for a DUI. As a School Resource Officer, I rarely have DUI arrests.”
When asked how easy it is to tell if someone is driving under the influence, Deputy Ryan said, “It really depends on the person who is under the influence. A person who drinks often, and who might be a functioning alcoholic, will be more challenging to detect to be under the influence. However, we do conduct Standardized Field Sobriety Tests that are extremely effective in detecting impairment.”
South Dakota is ranked second in the nation for the percentage of DUI fatal car crashes according to backgroundchecks.org. There is a higher percentage of under 21 years of age fatal car crashes in South Dakota as well.
The maximum penalty for DUI in South Dakota is one year in the county jail and a $2,000 fine, or both. Their driver’s license is revoked for a period of up to one year from conviction. Multiple DUI convictions can result in a felony conviction and time in the state penitentiary. Although there are standard sentences for DUI offenses, these sentence recommendations are always subject to change at the discretion of the prosecutor.
Different factors that could affect standard sentences would be: Children present in the vehicle, an accident or dangerous driving, extremely high blood test, attitude toward the officer, additional charges associated with the arrest; such as possession of marijuana, or history of alcohol related traffic offenses. If an individual is convicted of a DUI four times in a 10-year period and one of the three prior convictions was for a felony DWI, it is a class 5 felony. The maximum penalty is five years in the penitentiary and a $10,000 fine, or both. If an individual is convicted of a DUI five times in a 10-year period and one of the four prior convictions was for a felony DWI, it is a class 4 felony. The maximum penalty is 10 years in the penitentiary and a $20,000 fine, or both.
“Drinking and driving is a choice. There is always another way to get home, to secure your vehicle in a public place, and get home safely. Drinking and driving is NEVER the right option,” exclaimed Deputy Ryan.