Year
Fatalities
Tot
Alc-Rel
%
0.08+
%
1982
148
90
61
82
55
1983
175
98
56
93
53
1984
143
86
60
72
50
1985
130
73
56
69
53
1986
134
74
55
65
48
1987
134
68
51
59
44
1988
147
73
50
65
44
1989
152
84
55
76
50
1990
153
81
53
74
49
1991
143
64
45
64
45
1992
161
78
48
68
42
1993
140
61
43
57
41
1994
154
76
49
69
44
1995
158
72
45
66
42
1996
175
72
41
59
34
1997
148
62
42
49
33
1998
165
68
41
60
36
1999
150
66
44
59
39
2000
173
83
48
74
43
2001
171
85
50
74
43
2002
180
92
51
79
44
2003
203
98
48
90
44
2004
197
86
44
76
39
2005
186
80
43
76
41
2006
191
78
41
69
36
2007
146
54
37
45
31
2008
119
41
34
34
29
2009
131
59
45
53
40


The table above shows the total number of traffic fatalities (Tot) for the South Dakota, alcohol related fatalities (Alc-Rel) and fatalities in crashes where the highest BAC in the crash was 0.08 or above (0.08+).

It is important to note that the South Dakota drunk driving statistics, as shown above, include data from individuals who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as “fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or bicyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value.”

The fatality rates shown above refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.

All 50 states in the US now apply two statutory offenses to driving under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating [a motor vehicle] while intoxicated/impaired (OWI). This is based upon a police officer’s observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)

The second offense is called “illegal per se”, which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

Criminal status of DUI laws in South Dakota

In South Dakota, 1st and 2nd offenses are class 1 misdemeanors, 3rd offense is a class 6 felony, 4th and subsequent offenses are class 5 felonies. Citation:?? 22-6-1 , 22-6-2 , 32-23-2 et seq. (2)

Sources for South Dakota drunk driving information and statistics

US Dept. of Transportation, National Highway Traffic Safety Administration, 12/02

(2) National Conference of State Legislatures, 2004