Is a DUI considered a prior offense for a felony charge?

In South Dakota, a DUI is generally considered a prior offense for a felony charge. This means that if someone has a prior DUI conviction on their record, the prosecutor can use that conviction to seek a more serious sentence for any subsequent felony conviction. Furthermore, the prior DUI can be used as evidence of the defendant’s criminal history and their likelihood of committing additional future offenses. In South Dakota, a felony DUI conviction can result in a prison sentence of up to 10 years, fines up to $20,000, a driver’s license suspension for up to five years, and other serious penalties. This is based on the severity of the DUI, including the breath or blood alcohol concentration (BAC) level and whether there were any aggravating factors, such as the presence of a minor in the vehicle or a refusal to submit to a breath test. When a person has a prior DUI on their record, the prosecutor can use the conviction, as well as any other criminal convictions, to increase the severity of the sentence for any subsequent felony conviction. This means that having a prior DUI can significantly impact the outcome of a criminal case. It is important for someone facing a felony charge with a prior DUI conviction to speak to an experienced attorney who can help protect their rights.

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Is a DUI considered a prior offense for a felony charge?

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