Are You in Need of a South Dakota DUI Lawyer?
If you’ve been arrested for DUI anywhere in South Dakota, it’s not a situation to take lightly. A conviction could mean jail time, license suspension, ignition interlock devices, higher insurance rates, and more. But just because you were charged doesn’t mean you’re guilty.
At Steven Titus & Associates, P.C., we represent people across South Dakota who have been accused of driving under the influence of alcohol or drugs. We don’t back down from tough cases. Whether this is your first charge or you’re dealing with a repeat offense, we’ll dig into the details, question law enforcement’s actions, and fight to secure the best possible outcome for you.
Why Choose Us Over Other DUI Lawyers in South Dakota?
Steven Titus & Associates combines trial-tested defense strategies with a deep understanding of South Dakota’s DUI laws. We carefully analyze every angle of your case.
South Dakota law enforcement must follow strict procedures during a DUI arrest. If your rights were violated, if the breathalyzer was inaccurate, or if the officer lacked probable cause, your case may be significantly weakened.
When your freedom is on the line, experience matters. That’s why so many people have come to trust Steven Titus. Here’s what sets us apart:
- Named a Top 40 Under 40 Criminal Defense Attorney by The National Trial Lawyers – a distinction awarded to rising legal professionals with proven results.
- 24/7 availability to clients in need because legal emergencies don’t happen on a schedule.
- Backed by a strong record of results throughout South Dakota with outcomes that reflect thorough preparation and strategic advocacy.
- A legal team that offers personalized service from start to finish.
- Free consultations – so you can understand your options before making any decisions.
Your Future Is Worth Defending
Call (307) 257-7800 to speak directly with a South Dakota DUI lawyer today.
Reasons to Contact a Lawyer Right Away
Time is critical after a DUI arrest. You only have 10 days from the date of your arrest to request a hearing with the South Dakota Department of Public Safety to contest your license suspension. If you miss that deadline, your license will be automatically suspended, even if you win your criminal case later.
The sooner we get involved, the sooner we can take steps to:
- Preserve dashcam or bodycam footage before it’s deleted
- Challenge the legality of the traffic stop
- Review the arresting officer’s record for misconduct or disciplinary action
- Protect you from saying anything incriminating during police interviews
- Represent you at your DMV hearing
- Start negotiations with prosecutors while building a defense for trial
South Dakota’s DUI Laws
In South Dakota, it is illegal to drive or be in actual physical control of a vehicle:
- With a Blood Alcohol Concentration (BAC) of 0.08% or higher
- While under the influence of alcohol, marijuana, or any drug that affects your ability to drive
- With any detectable amount of alcohol if you are under 21 (zero tolerance law)
- If you are operating a commercial vehicle and your BAC is 0.04% or higher
Drivers under 21 face stricter rules, and even a small amount of alcohol can lead to a DUI citation. For commercial drivers, a DUI conviction can result in the immediate suspension of a Commercial Driver’s License (CDL), which may cause loss of employment and prevent future driving opportunities.
A DUI is typically charged as a Class 1 misdemeanor for a first offense, but penalties increase with each additional conviction or if aggravating factors are involved, such as a high BAC, injury, or a minor in the vehicle.
DUI penalties in South Dakota vary based on prior offenses and the circumstances of your arrest. Even a first conviction can carry life-altering consequences, and the penalties escalate quickly with each repeat offense.
First Offense:
- Up to 1 year in jail
- Up to $2,000 in fines
- License suspension for up to 1 year
- Alcohol education or treatment may be required
Second Offense (within 10 years):
- Mandatory minimum 10 days in jail
- Up to $2,000 in fines
- License suspension up to 1 year
- Possible ignition interlock device
- Mandatory chemical dependency evaluation
Third Offense:
- Class 6 felony
- Up to 2 years in prison
- Up to $4,000 fine
- Long-term license suspension
- Possible felony record affecting civil rights
Additional penalties may apply for high BACs, DUIs involving accidents, or having children in the car. If a DUI results in serious injury or death, charges may be enhanced to vehicular battery or vehicular homicide, which are both felonies that can carry significant prison time, higher fines, and permanent loss of driving privileges.
Life Consequences of a DUI Conviction
A DUI conviction is more than just a legal issue; it can affect nearly every area of your life long after the case is resolved. That’s why it’s important to take DUI charges seriously from the start.
Consequences could include:
- Loss of employment or professional licenses
- Higher auto insurance rates
- Permanent mark on your criminal record
- Difficulty finding housing
- Denial of travel visas to certain countries
- Immigration consequences, including denial of entry, visa revocation, or removal proceedings
- Damage to your reputation and relationships
Legal Defenses Against DUI Charges
At Steven Titus & Associates, we consider all possible angles to challenge your DUI charge. DUI cases are rarely as straightforward as they first appear. Law enforcement officers must follow strict procedures during a DUI investigation, and any deviation from those protocols can open the door for a strong defense.
Our legal team begins with a thorough case review to determine whether your rights were violated or if the evidence is unreliable.
Possible defenses include:
- Unlawful police stop
- Faulty breathalyzer calibration
- Inaccurate field sobriety testing
- Improper arrest procedure
- Rising BAC defense
- Medical conditions affecting test results
We scrutinize police reports, bodycam footage, and officer conduct for constitutional violations. For example, if the officer lacked reasonable suspicion to initiate the traffic stop, all evidence collected afterward could be inadmissible. If you were not properly advised of your rights or coerced into submitting to a test, that could be grounds for suppression of evidence.
Even seemingly minor details can play a significant role in your defense, like what time you last ate, drank, or took medication. No two cases are alike, and that’s why we tailor every legal strategy to the facts and circumstances surrounding your arrest.
Arrested for DUI in South Dakota? Don’t Wait!
Call Steven Titus & Associates, P.C. now at (307) 257-7800 for a free consultation.
How a South Dakota DUI Lawyer Can Help
We know South Dakota DUI cases inside and out. When you work with our firm, you get:
- A full review of your arrest and evidence
- Strategic defense planning customized to your situation
- Representation at DMV and criminal hearings
- Aggressive negotiation with prosecutors
- Preparedness to take your case to trial, if needed
DUI charges can feel overwhelming, especially when you're unsure what steps to take or how the legal process works. Our South Dakota criminal defense lawyer guides you through each stage, from administrative license hearings to pretrial motions and courtroom litigation.
We take the time to explain your options, communicate openly about risks and outcomes, and involve you in building a defense that aligns with your goals. Whether you're fighting to avoid jail time, preserve your license, or reduce long-term consequences, we are here to provide clear direction and strong legal support every step of the way.
What Clients Are Saying About Us
The guy knows the law and has an outstanding team backing him! -Clayton Means (5-Star Google Review)
I hired Steve for a DUI and, from the word go, he just took over and handled everything. I didn't worry about it at all until it was time to appear in court when he told me he was going to have the case thrown out -- and that's just what happened! The guy knows the law and has an outstanding team backing him! I would highly recommend.
Highly recommend-Emily Martinez (5-Star Google Review)
I was referred to Steven Titus & Associates, P.C., from a friend after another attorney wasn’t able to defend me properly. After reviewing my case, Steven said he could get done what needed to be done. He and his associates worked hard, kept in constant contact with me, and now I get to say that he kept his word. Received the outcome of a lifetime. Highly recommend.
Case Results
DUI – Charges Dismissed
A DUI charge against the defendant was dismissed. Our client was allegedly driving under the influence of alcohol and was initially stopped for failing to use a turn signal. However, Mr. Titus retained an expert witness who demonstrated that our client was likely using his turn signal, thereby arguing that the deputy lacked "reasonable, articulable suspicion" for the stop. This defense led to the dismissal of the DUI charge.
DUI – Motion to Suppress
A motion to suppress was granted in a DUI case. The defense, led by Mr. Titus, successfully argued that discrepancies between the officer's testimony and the dashcam footage undermined the officer's credibility, thereby nullifying probable cause for the defendant's arrest. As a result, the court suppressed both the officer's observations and the blood test results.
Speak With a Trusted DUI Lawyer in South Dakota
If you’ve been charged with DUI in South Dakota, don’t wait to start protecting your rights and your future. Steven Titus & Associates, P.C. is ready to review your case, challenge the evidence, and fight for your freedom.
Call (307) 257-7800 now for a free consultation. We’re available 24/7 to take your call.
Frequently Asked Questions
What should I do after a DUI arrest in South Dakota?
After a DUI arrest, you should avoid discussing the case with law enforcement beyond providing required identification. You should contact a DUI attorney as soon as possible. There are strict deadlines that can affect your driver’s license, and early involvement allows your attorney to begin protecting your rights right away.
Will my license be suspended after a DUI arrest in South Dakota?
Yes. In most cases, a DUI arrest triggers an administrative license suspension through the South Dakota Department of Public Safety. You typically have only 10 days to request a hearing to challenge the suspension. If you miss this deadline, your license may be suspended even if the criminal case is still pending.
Is a DUI considered a misdemeanor or felony in South Dakota?
A first or second DUI is usually charged as a misdemeanor. A third DUI offense, or certain aggravated circumstances, can result in felony charges. The classification depends on prior convictions, timing, and the specific facts of the arrest.
Can I be convicted of DUI even if I did not feel impaired?
Yes. South Dakota allows DUI charges based on a blood alcohol concentration of 0.08% or higher, regardless of how you felt at the time. However, breath and blood test results can be challenged, and feeling unimpaired does not automatically mean the state’s evidence is accurate.
What happens if I refuse a breath or blood test in South Dakota?
Refusing chemical testing can lead to an automatic license revocation under South Dakota’s implied consent laws. That refusal may also be used against you in court. An attorney can review whether the refusal was lawful and whether the officer properly advised you of the consequences.
Can a DUI charge be reduced or dismissed?
Yes, depending on the facts of the case. DUI charges may be reduced or dismissed if there were issues with the traffic stop, testing procedures, or officer conduct. Every case is different, which is why a detailed review by a DUI attorney is important.
How long does a DUI stay on my record in South Dakota?
A DUI conviction becomes part of your permanent criminal record. Prior DUI convictions can also be used to enhance penalties for future offenses. Avoiding a conviction whenever possible is critical to protecting your long-term record.
Do I have to go to jail for a first DUI offense?
Jail is possible for a first DUI, but it is not mandatory in every case. Factors such as your BAC level, prior history, and the circumstances of the arrest all matter. An attorney can work to pursue alternatives when appropriate.
How can a DUI attorney help with my case?
A DUI attorney reviews the legality of the stop, the accuracy of testing, and whether your constitutional rights were respected. Your attorney can represent you at license hearings, negotiate with prosecutors, and prepare a defense if your case goes to trial.
Should I hire a DUI attorney even if I plan to plead guilty?
Yes. Even if you believe pleading guilty is likely, a DUI attorney can help minimize penalties, protect your driving privileges, and ensure you do not accept consequences that could have been avoided. Many people benefit from legal representation even when the case seems straightforward.
Meet Our South Dakota DUI Defense Attorney
Steven Titus
Steven Titus is the founder of Steven Titus & Associates, P.C., where he focuses on criminal defense. He is driven by results, guided by preparation, and committed to standing up for clients when they need it most.
Steven grew up watching his parents work around the clock at their start-up bail bond business. Their work centered on helping people charged with crimes regain their freedom and return home. As a young man, Steven saw the relief on people’s faces when they were released from jail.
Steven has built a solid reputation as an aggressive advocate who prepares every case thoroughly. As Steven explains: “The most rewarding aspect of my job is ending the stress someone is feeling. The smile on a client’s face when the jury says ‘Not Guilty,’ makes the work completely worth it.”