South Dakota Driving Law

Information on South Dakota driving law and South Dakota traffic laws...

Suspension and Revocation of License

Revocation

Revocation: The loss of a drivers license and/or privilege to drive or apply for a license. In accordance with South Dakota driving law, the license must be surrendered to the department or the courts before an eligibility date can be determined.

Following revocation for violations of South Dakota traffic laws, all applicable tests will be required in addition to the application fee and a $50.00 reinstatement fee.

Suspension

Suspension: The loss of a driver license and/or privilege to drive or apply for a license. In accordance with South Dakota driving law, the license must be surrendered to the department or the courts before an eligibility date can be determined.

Following suspension for violations of South Dakota traffic laws, no testing will be required unless the license has expired. Application fees and the $50.00 reinstatement fee will be required.

Mandatory Revocation or Suspension

Under South Dakota driving law, mandatory revocation or suspension will be imposed for conviction of the following offenses of South Dakota traffic laws:

• Driving While Under the Influence - DWI
• Failure to maintain proof of insurance on every vehicle owned
• Any violation committed prior to the age of 16 by the holder of a restricted minor's permit
• Eluding a police officer
• 2nd Reckless Driving within a 1 year period

Suspension OR Revocation

Under South Dakota driving law, the following actions may result in the suspension OR revocation of a driver license:

• Suspension/Revocation ordered by the courts
• Driving while license is suspended, cancelled, revoked or denied
• Failure to satisfy a judgement resulting from damage to another vehicle
• Presence of a physical disease or defect
• Failure to pay a fine resulting from conviction of moving violation
• Obtaining too many points as dictated by current "Point System"
• Refusal to submit to Chemical Test
• Alcohol conviction by a minor driver in a motor vehicle
• Altered or improper use of driver license
• False information to obtain a driver license or ID card
• Drug conviction in a motor vehicle

Reinstatement Fee

Under South Dakota driving law, a person whose license has been revoked/suspended is required by South Dakota traffic laws to pay a license reinstatement fee of $50 in addition to the application fee when they are eligible to apply for a license.

Vision and knowledge tests will be required following a revocation, and in certain instances the driving test will also be required.

South Dakota Driving Law Point System

Conviction - Points (Effective July 1, 1986)

• Driving While Intoxicated - 10*
• Reckless Driving - 8
• Eluding/Attempting to Elude - 6
• Drag Racing - 6
• Failure to Yield Right of Way - 4
• Improper Passing - 4
• Driving Wrong Side of Roadway - 4
• Stop Sign/Light Violation - 3
• Other Moving Offenses - 2

*South Dakota driving law requires revocation of license for Driving While Intoxicated.

Any operator who accumulates fifteen (15) points in any twelve (12) consecutive months, or 22 points in any 24 consecutive months is subject to Driver License Suspension.

Periods of Suspension

• First Suspension - 60 Days Maximum
• Second Suspension - 6 Months Maximum
• Subsequent Suspension - 1 Year Maximum

Upon operator’s request, a hearing is provided before suspension. Where multiple offenses arise out of a single incident, points will be assessed on the offense carrying the highest point value.

Under South Dakota driving law, points are assessed on out-of-state convictions just as if committed in South Dakota.