DUI Lawyer Rapid City, SD
DUI Lawyer Rapid City, SD
No person should be left to manage charges without the services that a DUI lawyer Rapid City, SD provides. When a driver gets behind the wheel after having a few drinks, you likely aren’t considering the legal impact that might result should you get pulled over by law enforcement. DUI charges can range in severity depending upon whether this is your first or subsequent conviction. No person wants to find themselves convicted of a DUI, which is why one of your first calls should be to a lawyer at The Law Offices of Clayborne, Loos & Sabers LLP.
Reasons You Need Legal Assistance
You may be questioning whether you need the services of our Rapid City, South Dakota DUI lawyer. Lawyers come with some expense, and you may think that being at the mercy of the courts may be less expensive than acquiring the services of a lawyer. While you may be able to proceed without a lawyer, if you are facing a second or third offense, you will not want to risk representing yourself because the ramifications can be incredibly significant. Here are some reasons that you may want to call a lawyer:
- A DUI lawyer can provide you with the legal experience you need to navigate the courtroom
- The consequences may be less severe with a lawyer by your side
- A lawyer may be able to negotiate a lesser sentence
- DUI cases can be complicated when it comes to examining the details surrounding your case, especially when reviewing your BAC and the breathalyzer
- Provide yourself with an opportunity at the best possible outcome
If convicted, you could be facing a mark on your criminal record, social stigmas, increased car insurance premiums, jail time, and license loss. You won’t want to face the process of fighting a DUI without the services provided by a lawyer.
Our team is dedicated to assisting our clients in seeing their cases through to the end. Accessing our services provides you with the best opportunity at a successful or positive case outcome. We have successfully navigated situations by providing legal defense to our clients that they can rely on. With our services, you can expect:
- A case review that strategizes the best approach to your case
- Our team to determine whether charges can be dropped or reduced
- Lawyers who are prepared to negotiate a plea bargain with prosecutors if necessary
- Our team will help you understand the DUI charges before you and the consequences you might be facing
- Our team will provide you with legal recommendations when making decisions regarding the next steps
- An honest assessment of where your case stands and possible outcomes
The Law Offices of Clayborne, Loos & Sabers LLP are prepared to help you face your DUI case head-on. We are ready to answer your call and begin helping you by aggressively fighting the DUI charges you are facing. To get started, with professionals you can feel confident in, contact our Rapid City, South Dakota DUI lawyer today.
What is a DUI?
In South Dakota, anyone can be convicted of driving under the influence (DUI) for being in actual physical control of a vehicle while:
- Having a blood alcohol content (BAC) greater than .08%
- Under the influence of any alcohol, non-prescribed drug, or intoxicating inhalant
- Under the influence of prescribed drugs or alcohol to a degree that puts makes a person incapable of safely driving a vehicle
There are lower BAC limits for certain drivers. If you are driving an operating commercial vehicle, the BAC threshold is reduced to .04%, and if convicted additional license-related penalties can be involved. Drivers who are under 21 years old only need to have a BAC of .02% or more, along with any level of marijuana to receive a DUI charge. However, most underage DUI penalties can differ from a regular DUI conviction and usually are more rehabilitative than punitive.
South Dakota DUI Penalties
South Dakota DUI penalties tend to be based on the prior number of offenses a person has received in the last decade. Depending on these factors, a judge has wide discretion in determining the appropriate jail, fines, license suspension, and treatment for a DUI conviction. Here are some parameters when it comes to deciding penalties:
- For the first offense (a misdemeanor), you could get jail for up to one year, fines up to $2,000, and/or your license revoked from 30 days up to one year.
- For the second offense (a misdemeanor), you could get jail for up to one year, fines up to $2,000, and/or your license revoked for at least one year.
- For the third offense (a felony), you could go to prison for up to two years, fines up to $4,000, and/or your license revoked for at least one year.
Being charged with DUI is a very serious charge and that is why you should speak with a DUI lawyer in Rapid City, South Dakota, to get a better idea of your case and your legal options. A criminal charge can be life-altering and you need to have a defense team that will protect your rights, liberty, and freedom. +
You need a lawyer that will fight tirelessly for you and not give up. You deserve a lawyer who will be dedicated to every client and who will ensure that you are treated fairly, a lawyer like one from The Law Offices of Clayborne, Loos & Sabers LLP. With legal assistance, you will be allowed to put these life-changing events in the past and move on with your life.
In South Dakota, it is possible for being arrested for driving under the influence and your blood alcohol concentration level is below the legal limit if you are displaying signs that are consistent with a person who is under the influence of alcohol or drugs. Once you are stopped by an officer, that officer is already building a case against the person by observing their driving patterns. If an officer decides that there are reasonable grounds and suspects that you are under the influence, the officer will perform a field sobriety test. You should know that it is not required by law that you submit to the field sobriety tests. You have the option to refuse the officer’s request to take a field sobriety test, but most people who get pulled over do not understand that. However, in South Dakota, it is required that if requested to submit a chemical test, you must adhere to the request. Refusal to submit a chemical test will result in a minimum of one-year license revocation. If you found yourself in a similar situation and facing repercussions of any of your actions during this situation, contact a lawyer immediately.
Steps to Take After Getting a DUI Charge
Getting charged with a DUI can be scary and overwhelming, and you likely feel a wide range of emotions. However, the steps you take immediately afterward can have a big impact on the outcome of your case. Here are a few important steps to take:
- Tell the Police You Don’t Wish to Speak to Them: After you get arrested for a DUI, the police will likely want to speak to you about your case. They might even tell you that they want to help you. However, no matter how nice they may seem, you should never discuss the details about your case with them. They are only talking to you to get the information they can use against you later in court. Politely tell them that you don’t want to speak to them without a DUI lawyer in Rapid City, SD by your side.
- Schedule a DMV Hearing: If you get a DUI, your driver’s license will automatically get suspended. This can make it much more difficult to get to work and other important places, especially if you live in an area without public transportation. You’ll have to depend on others to give you rides for quite a while. However, you can request a DMV hearing to get your license reinstated. You must do this within 10 days of your arrest.
- Understand That Your Case May Take A While to Settle: A DUI arrest might happen quickly, but settling the entire case takes much longer. It’s important to realize and accept that your DUI case might take several months to settle. While that might seem like a long time right now, it’s necessary. Your DUI lawyer in Rapid City, SD will need ample time to negotiate a fair deal with the prosecuting attorney. You don’t want to accept the prosecuting attorney’s first plea bargain, as it’s usually not favorable.
- Maintain a Low Profile: When you’re dealing with a DUI charge, it is important to keep a low profile. Stay out of trouble and don’t hang around people who could put you in risky situations. You have too much to lose at this point.
- Hire an Experienced Lawyer: A DUI can negatively impact your life in many ways, so it’s critical to work with an experienced lawyer. While most criminal lawyers will handle DUI cases, you want to hire a lawyer who has specific experience with DUI cases. An experienced DUI lawyer in Rapid City, SD will know all the laws and come up with the best possible defense. Always be completely honest with your lawyer and don’t be afraid to call him or her about your questions and concerns.
Important Things to Know When You Get a DUI
If you have been charged with a DUI for the first time, you probably feel shocked and have lots of questions. Educating yourself about the charge may improve your chances of a successful outcome in your case. Here are some important things a DUI lawyer Rapid City, SD residents trust wants you to know.
You May Receive Probation Instead of Jail Time
Many first-time DUI offenders fear that they will have to spend time in jail. However, most judges will suspend jail sentences in favor of probation for first-time offenders, as long as no one was hurt.
It’s Possible to Get Your DUI Charge Thrown Out
Several technicalities may help you get your DUI charge dismissed. For example, if a police officer had no lawful reason to pull you over in the first place, your charge could get thrown out. That’s why you should never admit guilt until you’ve discussed your case with an experienced DUI lawyer in Rapid City, SD. He or she will dissect your case in and out and determine if any holes can get it dismissed.
You’ll Likely Get Your Driver’s License Suspended
Even if this is your first DUI, you will get your license automatically suspended. Not being able to drive can make it difficult to get to work and other important places, especially if there isn’t public transportation in your area. However, you may be able to apply for a restricted driver’s license.
The Judge May Have an Ignition Interlock Installed in Your Vehicle
Some judges will require even first-time offenders to have an ignition interlock installed in the cars at their expense. This device requires the driver to blow into a mouthpiece before starting their car.
A DUI Conviction Comes with Long-Term Consequences
If you get convicted of a DUI, even if it’s your first offense, you can face the consequences of it for many years. It will remain on your record, making it more difficult to obtain employment, rent an apartment and apply for loans. You can also expect your auto insurance rates to go up significantly. Insurance companies consider those with DUI convictions to be high risk and charge them higher premiums to protect themselves.
It’s in Your Best Interest to Hire a Lawyer
A DUI can have a serious impact on your life, so it’s important to have an experienced DUI lawyer in Rapid City, SD on your side. He or she can build you a strong defense and ensure your legal rights are protected. If you work with a skilled lawyer, you may have a higher chance of getting a favorable outcome in your case.