If you have been charged with DUI in South Dakota, get legal counsel right away. A person is only allowed one suspended imposition in their lifetime. If you violate the conditions of your release then you will have to serve the original sentence and it will go on your record. Your sealed record will then show that you served probation but were not convicted. Judges can also postpone a criminal sentence as a show of faith and a way to give you another chance.Ī suspended imposition can include the charge and conviction being removed from your criminal record.However, if your case involves violations that require a mandatory minimum jail or prison time, it is very unlikely that your sentence can or will be suspended. For most people who have been charged with a DUI in South Dakota, it means that if you get no more DUIs in 10 years you can avoid the penalty of one year of jail time. In this case, you must follow through on the terms of the negotiation or plea bargain.
You may be issued a conditionally suspended sentence.If you are unconditionally discharged, your case is over and you have no further obligations or penalties.There are three types of suspended sentencing: unconditional, conditional and postponement.
If this is your first drunk driving charge and you have no felony convictions, it may be well worth looking into. If you were charged with a DUI or another crime and sentenced to jail or prison time, it may be possible to avoid incarceration if you meet other negotiated conditions such as staying out of trouble, not associating with other convicted persons, and showing up for your therapy appointments or probation check-ins.Īs a criminal defense attorney with over a decade of experience and the founder of Kolbeck Law Office, I can help you understand if pursuing a suspended imposition is in your best interest. The judge has the option to make you serve later if you do not follow through on the agreed-upon alternative. Suspended means that the judge in your case has determined what the sentence for the crime should be but is not making you serve it right now. Suspended imposition of sentence, commonly referred to as “suspended imp” or SIS, is a plea bargaining tool that can be beneficial to people charged with a first-time DUI. Understanding Suspended Imposition In South Dakota DUI Cases