Repeat impaired driving convictions carry long prison terms

A sixth or later impaired driving conviction is an aggravated offense if the person has at least five earlier convictions within 25 years, including at least two within 10 years; it is a Class 4 felony. This applies to a person convicted of a sixth or later violation of South Dakota's impaired driving law.

For an aggravated offense, the court must impose at least six years in a state correctional facility, with one year on parole, unless parole is refused under the cited law. This applies to a person convicted of an aggravated offense who has at least five impaired driving convictions within 15 years of the charged violation. The court may suspend the sentence only if it orders the person to take part in and complete a drug, DUI, veterans, or mental health treatment court program as a condition of probation. Any parole term must include at least one listed monitoring measure, such as an accountability program, an ignition interlock, or an alcohol monitoring bracelet.

The court must revoke the person's driver's license for at least three years, and may allow limited driving after successful counseling and proof of financial responsibility. This applies to a person sentenced under the section. The court keeps authority to change license conditions during the revocation period. The person must complete a court-approved chemical dependency counseling program and prove financial responsibility before the court may permit limited driving. The court may allow driving for needs such as work, school, child care, health appointments, court or probation appointments, or treatment. The three-year period runs from the later of the sentence date or the person's first release from prison. Time spent imprisoned after a return to prison does not count toward the period.

A person's probation, parole, or release from prison under a suspended sentence must include at least one listed monitoring measure; supervision violations must be handled under the applicable graduated sanctions policy. This applies to a person convicted under the section who is on probation or parole, or released from prison because of a suspended sentence. The Unified Judicial System supervises a person whose sentence has no state prison term; the Department of Corrections supervises a person whose sentence includes one. Monitoring may include an accountability program, an ignition or breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool.