reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-42 - Expiration of license or permit--Period for renewal--Application and fee--Waiver of tests.

32-12-42. Expiration of license or permit--Period for renewal--Application and fee--Waiver of tests.
Each operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit expires on the licensee's birthday in the fifth year following the issuance of the license, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. Each operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any license renewed before its expiration expires five years after the licensee's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. However, the department shall waive the knowledge and driving tests for renewal, if the licensee applies and makes payment of the required fee within thirty days following the expiration date. If the licensee applies and makes payment of the required fee thirty-one or more days after the expiration date of the license, the licensee shall take the knowledge test as required by §32-12-4. Any license renewed during the thirty-day period following the date of expiration expires five years from the licensee's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.
Source:
SL 1959, ch 261, §14; SDC Supp 1960, §44.03B14; SL 1961, ch 233; SL 1964, ch 128, §4; SL 1973, ch 203; SL 1976, ch 192; SL 1977, ch 256, §2; SL 1979, ch 217; SL 1988, ch 253; SL 1994, ch 252, §2; SL 1995, ch 178, §1; SL 1997, ch 188, §2; SL 2001, ch 171, §37; SL 2009, ch 154, §10, eff. Dec. 31, 2009.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-42.1 - Expiration of license, permit or identification card issued to individual under twenty-one years of age.

32-12-42.1. Expiration of license, permit or identification card issued to individual under twenty-one years of age.
Any operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card issued to any individual under twenty-one years of age expires thirty days after the holder's twenty-first birthday. The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to provide for the prorating of driver license and nondriver identification card fees for persons under twenty-one years of age if the license or nondriver identification card would be valid for less than a five-year period.
Source:
SL 1992, ch 219; SL 1994, ch 252, §3; SL 2001, ch 171, §38; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-42.2 - Expiration of license issued to person not a U.S. citizen or permanent resident.

32-12-42.2.Expiration of license issued to person not a U. S. citizen or permanent resident.
A license issued to an applicant who is not a citizen or a legal permanent resident of the United States expires coterminously with the applicant's authorized duration of stay or the otherwise applicable expiration date of the license issued under the provisions of this chapter, whichever occurs first.
Source:
SL 2009, ch 154, §4, eff. Dec. 31, 2009.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-43 - Eyesight examination required for renewal--Exception.

32-12-43. Eyesight examination required for renewal--Exception.
For renewal of an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit, the Department of Public Safety shall require an examination of the applicant's eyesight, except as provided pursuant to the provisions of §32-12-43.1.
Source:
SL 1959, ch 261, §14; SDC Supp 1960, §44.03B14; SL 1961, ch 233; SL 1964, ch 128, §4; SL 1980, ch 220; SL 2001, ch 171, §39; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2014, ch 148, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-43.1 - Application by mail or electronically for replacement or renewal.

32-12-43.1.Application by mail or electronically for replacement or renewal.
Any person who holds a valid South Dakota operator's license, motorcycle operator's license, or nondriver identification card that meets the requirements of this chapter and 6 C.F. R. Part 37, as amended to January 1, 2015, may apply by mail or electronically for a replacement or updated license or identification card and a renewal once in any ten year period if:
(1)The applicant is a citizen or national of the United States or is an alien who has permanent resident status;
(2)The applicant has not had a material change in any personally identifiable information as defined in §32-12-1. A change of address of principal residence does not constitute a material change;
(3)The applicant is not applying for reinstatement after a revocation, disqualification, or cancellation;
(4)The applicant submits two forms of proof of current address;
(5)In case of a renewal application only, the applicant submits a vision statement signed by a licensed optometrist or ophthalmologist that supplies proof that the applicant has adequate eyesight, if the applicant is sixty-five years of age or older at the time of renewal; and
(6)The applicant has complied with all other provisions of this chapter and is eligible for renewal by mail or electronic renewal as determined by the Department of Public Safety.
Source:
SL 2013, ch 143, §2; SL 2014, ch 148, §2; SL 2017, ch 134, §1; SL 2018, ch 190, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-43.2 - Promulgation of rules on renewal by mail or electronic renewal.

32-12-43.2. Promulgation of rules on renewal by mail or electronic renewal.
The secretary of the Department of Public Safety may promulgate rules, pursuant to chapter 1-26, on medical and vision standards, presentment of documents, application deadlines, and fees relating to the renewal by mail or electronic renewal of an operator's license, motorcycle operator's license, or nondriver identification card under the provisions of this chapter.
Source:
SL 2013, ch 143, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-45 - Extended term of license or permit held by active duty member of armed forces, spouse, or dependent--Renewal.

32-12-45. Extended term of license or permit held by active duty member of armed forces, spouse, or dependent--Renewal.
A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any active duty member of the United States armed forces, or held by a spouse or a dependent of any active duty military member serving outside this state, shall continue in full force and effect so long as the service continues and the person remains absent from this state, not to exceed ninety days following the date on which the holder of the license is honorably separated from such service or returns to this state, whichever is earlier, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has military-issued identification, orders, discharge or separation papers in the licensee's immediate possession. A license may also be renewed electronically or by mail pursuant to §32-12-43.1. Any person renewing a permit or license under this section more than thirty days after the expiration date on the permit or license may be required to show military identification, orders, separation, or discharge papers.
Source:
SDC Supp 1960, §44.03B02 (5) as added by SL 1967, ch 200, §1; SL 2001, ch 171, §40; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2018, ch 191, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-46 - Cause for suspension or revocation of license--Notice and examination--Failure to submit to examination--Issuance of restricted license.

32-12-46. Cause for suspension or revocation of license--Notice and examination--Failure to submit to examination--Issuance of restricted license.
The Department of Public Safety, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five days to the licensee, require the driver to submit to an examination or interview. Upon the conclusion of the examination or interview the department shall take action as may be appropriate and may cancel the license of such person or permit the retention of the license, or may issue a license subject to restrictions as permitted under §§32-12-36 and 32-12-37. Refusal or neglect of the licensee to submit to the examination or interview shall be grounds for cancellation of the license.
Source:
SL 1959, ch 261, §22; SDC Supp 1960, §44.03B22; SL 1963, ch 269; SL 2001, ch 171, §42; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-47 - Duration for which license may be suspended--Exceptions.

32-12-47. Duration for which license may be suspended--Exceptions.
The Department of Public Safety may not suspend, under this chapter, a driver license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as permitted under §32-12-66, subdivisions 32-12-49(6) and (7), or as provided in chapter 32-35.
Source:
SL 1959, ch 261, §23; SDC Supp 1960, §44.03B23 (1); SL 1963, ch 270; SL 1979, ch 218, §2; SL 1985, ch 253, §2; SL 2001, ch 171, §43; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-47.1 - Renewal or restoration after suspension, revocation or disqualification--Time--Application--Fee--Examination.

32-12-47.1. Renewal or restoration after suspension, revocation or disqualification--Time--Application--Fee--Examination.
Any person whose license or privilege to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may not have the license or privilege renewed or restored unless the period of revocation, suspension, or disqualification has expired. The period of revocation, suspension, or disqualification shall begin on the date ordered by the court, on the date specified in the notice from the department, or on the date the suspension order is effective for failure to comply with a citation, whichever date is earlier. At the expiration of the period of revocation, suspension, or disqualification, a person may make application for license reinstatement as provided by law and shall pay a license fee of fifty dollars plus application fees pursuant to §32-12-16; a license fee of seventy-five dollars plus application fees pursuant to §32-12-16 if revocation of the license was a result of a conviction for a violation of §32-23-2; a license fee of one hundred dollars plus application fees pursuant to §32-12-16 if revocation of the license was a result of a conviction for a violation of §32-33-18, or a second or subsequent conviction for a violation of §32-24-1 within a period of one year; a license fee of one hundred twenty-five dollars plus application fees pursuant to §32-12-16 if revocation of the license was a result of a conviction for a violation of §32-23-3; a license fee of one hundred seventy-five dollars plus application fees pursuant to §32-12-16 if revocation of the license was a result of a conviction for a violation of §32-23-4, 32-23-4.6, or 32-23-4.7; or a license fee of two hundred dollars plus application fees pursuant to §32-12-16 if revocation of the license was the result of a conviction for a violation of §22-16-41 or 22-18-36. A person making application following a revocation shall fulfill all knowledge examination requirements of a new applicant. A person who had a restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit, or privilege to apply for a permit or license suspended pursuant to §32-12-15 need not pay the fee prior to reinstatement of the license unless the suspension is for a conviction of a moving traffic offense assessed six or more points by §32-12-49.1.
Source:
SL 1985, ch 253, §1; SL 1991, ch 252, §4; SL 1992, ch 220, §1; SL 2001, ch 171, §44; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2009, ch 152, §4; SL 2017, ch 135, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-47.2 - Revocation and suspension defined--Conditions for reinstatement after revocation or suspension.

32-12-47.2. Revocation and suspension defined--Conditions for reinstatement after revocation or suspension.
Revocation is the termination of a person's driving privilege and withdrawal of that person's driver license, if any, for a specified time. No person whose driving privilege has been revoked may have that privilege and driver license reinstated during the time set out in the revocation order or judgment, nor may that privilege and driver license be reinstated after expiration of the revocation period until that person has complied with §32-12-47.1 and chapter 32-35.
Suspension is the temporary withdrawal of a person's driving privilege and driver license which may be for a specified time or until specified conditions are met, or both. A driving privilege and driver license that have been suspended may not be reinstated until that person has complied with §32-12-47.1 and chapter 32-35.
Source:
SL 1988, ch 254, §1; SL 2001, ch 171, §45.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-47.3 - Application for license when time for suspension or revocation has expired--Violation.

32-12-47.3. Application for license when time for suspension or revocation has expired--Violation.
If the time for the suspension or revocation of a person's driver license or driving privileges has expired, the person is eligible for reinstatement. However, a driver license and driving privileges shall continue to be withdrawn until the person has applied for and received a new driver license. Driving while a person's license or privilege is withdrawn is a violation of §32-12-22.
Source:
SL 1988, ch 254, §5; SL 1996, ch 200; SL 2001, ch 171, §46.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-48 - Commencement of period of revocation for driving under the influence--Reinstatement application and fee--Investigation--Restrictions imposed by court.

32-12-48. Commencement of period of revocation for driving under the influence--Reinstatement application and fee--Investigation--Restrictions imposed by court.
If a defendant is convicted under §32-23-2, 32-23-3, 32-23-4, 32-23-4.6, or 32-23-4.7, the period of revocation shall begin on the date ordered by the court or on the date specified the notice from the department, whichever date is earlier. At the conclusion of the period of revocation ordered by the court and if future proof is filed with the Department of Public Safety as required by chapter 32-35, the defendant may submit an application to reinstate the defendant's driver license, accompanied by a fee of seventy-five dollars if revocation of the license was for a conviction under §32-23-2, one hundred twenty-five dollars if revocation of the license was for a conviction under §32-23-3, or one hundred seventy-five dollars if revocation of the license was for a conviction under §32-23-4, 32-23-4.6, or 32-23-4.7. The department may issue a driver license to the defendant, if, after an investigation of the character, habits and driving ability of the defendant, the department is satisfied it is safe to grant the privilege of driving a motor vehicle to the defendant. A driver license issued under the provisions of this section shall show the restrictions, if any, imposed by the court and the date when the restrictions are to cease.
Source:
SDC Supp 1960, §44.03B23 (3) as added by SL 1963, ch 270; SL 1973, ch 195, §8; SL 1983, ch 245, §1; SL 2001, ch 171, §47; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2009, ch 152, §5; SL 2017, ch 135, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-49 - Suspension, revocation or cancellation after opportunity for hearing--Grounds--Old offenses not considered--Rules.

32-12-49. Suspension, revocation or cancellation after opportunity for hearing--Grounds--Old offenses not considered--Rules.
The secretary of the Department of Public Safety may suspend, revoke, or cancel the driving privilege or license of a person after opportunity for hearing pursuant to chapter 1-26 if hearing is demanded, upon a showing by its records or other sufficient evidence that the licensee:
(1)Has been convicted of an offense for which mandatory suspension or revocation of license is required;
(2)Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, municipal ordinances which are in strict conformity with state law and adopted by a local authority other than regulations governing parking, traffic laws of another state, or any of the county speed limits set pursuant to law. The secretary of the department of public safety shall implement the method of weighing traffic convictions provided in §32-12-49.1;
(3)Is physically or mentally incompetent to drive a motor vehicle;
(4)Has violated §32-12-17.3, 32-12-17.4, 32-12-17.5, 32-12-17.6, 32-12-67, 32-12-69, 32-12-70, or 32-12-71;
(5)Has committed an offense in another state, which if committed in this state, would be grounds for suspension or revocation;
(6)Has failed to pay a fine or comply with the terms of a citation issued in the state;
(7)Has failed to pay a fine or comply with the terms of a citation issued by a state covered by the nonresident violators compact; or
(8)Has made a false statement or representation or fails to disclose a material fact in order to obtain a driver license or nondriver identification card.
In determining whether a driver license or privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old.
The secretary of the Department of Public Safety may promulgate rules in regard to driver license suspension, revocation and cancellation in the following areas:
(1)Point accumulation;
(2)Physical or mental incompetence;
(3)Unlawful use of driver license or nondriver identification card;
(4)Out-of-state convictions;
(5)Failure to comply with citations issued in this state or another state; or
(6)Misrepresentation or omissions of material fact to obtain a driver license or nondriver identification card.
Source:
SL 1959, ch 261, §21; SDC Supp 1960, §44.03B21 (1); SL 1964, ch 130; SL 1975, ch 204, §1; SL 1979, ch 218, §3; SL 1979, ch 219, §1; SL 1982, ch 18, §24; SL 1986, ch 22, §5; SL 1991, ch 252, §5; SL 1995, ch 179; SL 1998, ch 188, §1; SL 2001, ch 171, §48; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-49.1 - Point system for offenses--Number of points charged.

32-12-49.1. Point system for offenses--Number of points charged.
The following is a listing of moving traffic offenses and the number of points assessed for a conviction for each offense:
(1)Driving while intoxicated ten points
(2)Reckless drivingeight points
(3)Eluding/attempting to elude a police officersix points
(4)Drag racingsix points
(5)Failure to yield right-of-wayfour points
(6)Improper passingfour points
(7)Driving on wrong side of roadwayfour points
(8)Stop sign/light violationthree points
(9)Other moving offensestwo points
For the purpose of this section, "other moving offenses" does not include speeding offenses.
Source:
SL 1979, ch 219, §2; SL 1985, ch 264, §2; SL 1986, ch 254; SL 1996, ch 207, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-49.2 - Point accumulation subjecting license or permit to suspension.

32-12-49.2. Point accumulation subjecting license or permit to suspension.
Any motor vehicle operator is subject to driver license or driving privilege suspension who, in accordance with the schedule provided in §32-12-49.1, has been convicted of traffic violations resulting in the accumulation of fifteen points within any twelve consecutive months, or twenty-two points within any twenty-four consecutive months.
Source:
SL 1979, ch 219, §3; SL 2001, ch 171, §49.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-49.3 - Suspension based on licensee's record.

32-12-49.3. Suspension based on licensee's record.
The department shall impose a period of suspension for violations meeting the conditions of subdivision 32-12-49(2) or (4), based on the licensee's record during the last forty-eight months, according to the following schedule:
(1)First suspension--sixty days;
(2)Second suspension--six months; and
(3)Subsequent suspension--one year.
Source:
SL 1998, ch 188, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-49.4 - Restricted license for employment or school purposes when driving privilege has been withdrawn--Rules.

32-12-49.4. Restricted license for employment or school purposes when driving privilege has been withdrawn--Rules.
The secretary of the Department of Public Safety may issue a restricted license to a person whose license has been suspended, revoked, disqualified, or canceled pursuant to §32-12-49 to allow the person to drive to and from the person's place of employment, for purposes of the person's employment, or for attendance at school. The secretary of the Department of Public Safety may promulgate rules pursuant to chapter 1-26 for restricted licenses with regard to eligibility, application, determination, limitations, duration, and grounds for revocation.
Source:
SL 1999, ch 158, §1; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-51 - Suspension or revocation of nonresident driving privileges.

32-12-51. Suspension or revocation of nonresident driving privileges.
The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter is subject to suspension or revocation by the Department of Public Safety in like manner and for like cause as a driver license issued under this chapter may be suspended or revoked.
Source:
SL 1959, ch 261, §17; SDC Supp 1960, §44.03B17 (1); SL 2001, ch 171, §50; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-52.1 - Mandatory revocation of license--Conviction of driving under the influence.

32-12-52.1. Mandatory revocation of license--Conviction of driving under the influence.
The Department of Public Safety shall revoke the driver license or driving privilege of any driver upon receiving notice of that driver's conviction for a violation of the provisions of §32-23-1 to the extent that the driver license or privileges should have been revoked, if the judgment and sentence of the trial court failed to invoke the mandatory provisions of §§32-23-2 to 32-23-4, inclusive, or the driver had been charged and convicted consistent with the records of the Department of Public Safety.
Source:
SL 1983, ch 245, §3; SL 1984, ch 227, §1; SL 1987, ch 228; SL 2001, ch 171, §51; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-52.3 - Revocation for drug-related offenses.

32-12-52.3. Revocation for drug-related offenses.
Upon a first conviction or a first adjudication of delinquency for any violation, while in a vehicle, of §§22-42-5 to 22-42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the driver so convicted for a period of ninety days.
Upon a second or subsequent conviction or a second or subsequent adjudication of delinquency for a violation, while in a vehicle, of §§22-42-5 to 22-42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the driver so convicted for a period of one year or until the person's seventeenth birthday, whichever is a longer period of time. For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to §32-35-43.1, permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or counseling programs. Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication of delinquency for a violation, while in a vehicle, of §§22-42-5 to 22-42-9, inclusive, 22-42A-3, or 22-42A-4. The period of revocation shall begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the expiration of the revocation period, a person may make application to reinstate the person's license as provided by law and shall pay the license fee prescribed in §32-12-47.1.
Source:
SL 1990, ch 249, §1; SL 1991, ch 252, §21; SL 1991, ch 254; SL 1994, ch 255, §3; SL 1999, ch 159, §1; SL 2001, ch 171, §52; SL 2001, ch 173, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2006, ch 165, §1; SL 2017, ch 135, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-52.4 - Suspension for certain alcohol-related offenses by a minor.

32-12-52.4. Suspension for certain alcohol-related offenses by a minor.
Upon a first conviction or a first adjudication as a child in need of supervision for a violation of §35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of thirty days.
Upon a second conviction or a second adjudication as a child in need of supervision for a violation of §35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one hundred eighty days.
Upon a third or subsequent conviction or a third or subsequent adjudication as a child in need of supervision for a violation of §35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one year. For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to §32-35-43.1, permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication for a violation, while in a vehicle, of §35-9-2 or chapter 32-23. The period of suspension shall begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the expiration of the period of suspension, a person may make application to have the license reinstated and pay the license fee as prescribed in §32-12-47.1.
Source:
SL 1990, ch 250, §1; SL 1991, ch 252, §22; SL 1991, ch 255; SL 1992, ch 217, §2; SL 1994, ch 219, §7; SL 1994, ch 253; SL 1994, ch 255, §4; SL 1996, ch 179, §4; SL 2001, ch 171, §53; SL 2001, ch 173, §2; SL 2001, ch 174, §1; SL 2003, ch 149, §11; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2006, ch 165, §2; SL 2017, ch 135, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-52.5 - Suspension or revocation of or restrictions on driving privileges of juveniles.

32-12-52.5. Suspension or revocation of or restrictions on driving privileges of juveniles.
At any proceedings in which the court has jurisdiction, for any traffic or status offense, over any juvenile, the court may, at its discretion and without motion, revoke or suspend or place any restriction or condition upon the driving privileges of the juvenile, including requiring that financial responsibility be proved and maintained, that the court may find appropriate to the juvenile's reform or rehabilitation.
Source:
SL 2005, ch 120, §127.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-53 - Conviction defined.

32-12-53. Conviction defined.
For the purposes of this chapter the term, conviction, shall be deemed to include the judgment and sentence of the trial court, and shall be final unless reversed or set aside on appeal or judicial review. Also, for the purposes of this chapter a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
Source:
SL 1959, ch 261, §19; SDC Supp 1960, §44.03B19 (3); SL 1961, ch 234.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-54 - Record of conviction or noncompliance with citation forwarded by court to department.

32-12-54. Record of conviction or noncompliance with citation forwarded by court to department.
Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal charter, ordinance, or bylaw adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Department of Public Safety within ten days a record of the conviction of a person in the court or a notice of the failure of a person to comply with the terms of a citation for a violation of any laws other than regulations governing parking.
Source:
SL 1959, ch 261, §19; SDC Supp 1960, §44.03B19 (2); SL 1964, ch 129; SL 1974, ch 55, §32; SL 1979, ch 218, §4; SL 2003, ch 272, §121.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-55 - Surrender of license to court upon conviction--Forwarding license to department.

32-12-55. Surrender of license to court upon conviction--Forwarding license to department.
If any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver license of the person by the Department of Public Safety, the court entering the conviction shall require the surrender to the court of all driver licenses then held by the person convicted. The court shall then forward all driver licenses and a record of the conviction to the department.
Source:
SL 1959, ch 261, §19; SDC Supp 1960, §44.03B19 (1); SL 2001, ch 171, §54; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-56 - Suspension or revocation for out-of-state conviction--Grounds.

32-12-56. Suspension or revocation for out-of-state conviction--Grounds.
The Department of Public Safety may suspend or revoke the driving privilege or driver license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense which, if committed in this state, would be grounds for the suspension or revocation of the driving privilege or driver license.
Source:
SL 1959, ch 261, §18; SDC Supp 1960, §44.03B18; SL 2001, ch 171, §55; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-56.1 - Entry and implementation of nonresident violators and driver license compact.

32-12-56.1. Entry and implementation of nonresident violators and driver license compact.
The secretary of the Department of Public Safety may execute all documents and perform all other acts necessary to enter into and carry out the provisions of the nonresident violators and driver license compact.
Source:
SL 1979, ch 218, §1; SL 1987, ch 229; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-56.2 - Suspension, revocation, or disqualification for out-of-state conviction or final administrative decision.

32-12-56.2. Suspension, revocation, or disqualification for out-of-state conviction or final administrative decision.
The Department of Public Safety shall suspend, revoke, or disqualify the driver license or driving privilege of a resident of this state upon receiving notice of the conviction or final administrative decision from another state for an infraction which would provide grounds for suspension, revocation, or disqualification of the driver license or driving privilege in this state.
Source:
SL 1992, ch 220, §8; SL 2001, ch 171, §108; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-57 - Surrender of suspended or revoked license to department.

32-12-57. Surrender of suspended or revoked license to department.
The Department of Public Safety upon suspending or revoking a driver license shall require that the license be surrendered to and retained by the department.
Source:
SL 1959, ch 261, §24; SDC Supp 1960, §44.03B24; SL 1982, ch 237, §4; SL 2001, ch 171, §56; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-58 - Operation of vehicle under license issued in other jurisdiction prohibited during suspension or revocation.

32-12-58. Operation of vehicle under license issued in other jurisdiction prohibited during suspension or revocation.
Any resident or nonresident whose driver license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter may not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter.
Source:
SL 1959, ch 261, §25; SDC Supp 1960, §44.03B25; SL 2001, ch 171, §57.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-60 - Records kept by department.

32-12-60. Records kept by department.
The Department of Public Safety shall maintain each application for a driver license and nondriver identification card received and shall record the following:
(1)Each application denied and the reason for the denial;
(2)Each application granted; and
(3)The name of each licensee whose driver license or driving privilege has been suspended or revoked by the department and after each name note the reasons for the action.
Source:
SL 1959, ch 261, §15; SDC Supp 1960, §44.03B15 (1); SL 1989, ch 265, §26; SL 2001, ch 171, §58; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-61 - Individual records of accidents, convictions, disqualifications, and other licensing actions--Certain convictions and accidents recorded separately.

32-12-61. Individual records of accidents, convictions, disqualifications, and other licensing actions--Certain convictions and accidents recorded separately.
The Department of Public Safety shall file all abstracts of court records of convictions received by it under the laws of this state and all accident reports received. The Department of Public Safety shall maintain records or make suitable notations on the individual record of each licensee and any person domiciled in this state who is required to have a driver license showing the convictions, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control committed while the licensee or person was operating any type of vehicle and the traffic accidents in which the licensee or person has been involved. The information shall be readily ascertainable and available for the consideration of the department upon any application for renewal of a license. However, with the exception of convictions resulting from operation of a commercial motor vehicle, no conviction for speeding which is ten miles per hour or less over the posted speed limit and no speeding conviction received from another state may be entered on the licensee's driving record, but may be recorded separately. The separate record may not be made available to the public. No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if the accident occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was driving an emergency vehicle. The accident shall be recorded separately. No accident may be entered on the driving record of an operator of emergency snow removal equipment if the accident occurred while the operator's response to an emergency call of duty as an operator of emergency snow removal equipment and the operator was lawfully engaged in the performance of official duties in support of an emergency call of duty by a law enforcement officer, firefighter, or emergency medical technician and was driving official snow removal equipment. The accident shall be recorded separately.
Source:
SL 1959, ch 261, §15; SDC Supp 1960, §44.03B15 (2); SL 1977, ch 258; SL 1982, ch 18, §25; SL 1982, ch 238; SL 1985, ch 406, §20; SL 1986, ch 255; SL 1987, ch 230; SL 1989, ch 267, §39; SL 1996, ch 207, §12; SL 2004, ch 17, §133; SL 2005, ch 167, §1; SL 2007, ch 181, §1; SL 2008, ch 162, §3; SL 2014, ch 240, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-61.1 - Problem driver point system abstract.

32-12-61.1.Problem driver point system abstract.
The Department of Public Safety shall furnish to any authorized person upon request a problem driver point system abstract. The request shall indicate all adverse driver license actions maintained by a jurisdiction and shall be released according to 23 C.F. R. Parts 1325 and 1327 in effect January 1, 1995. The department shall collect four dollars for each inquiry. The fee shall be credited to the state motor vehicle fund. Any governmental entity or subdivision is exempt from this fee.
Source:
SL 1995, ch 186, §1; SDCL §32-12-118; SL 2001, ch 171, §115; SL 2003, ch 272 (Ex. Ord. 03-1), §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-62 - Record of out-of-state convictions upon application by new resident.

32-12-62. Record of out-of-state convictions upon application by new resident.
Whenever application under this chapter is received from a person previously licensed in another jurisdiction, the Department of Public Safety shall request a copy of the applicant's record from such other jurisdiction. When received, this record shall become a part of the applicant's record in this state with the same force and effect as though entered on the applicant's record in this state in the original instance.
Source:
SL 1959, ch 261, §5; SDC Supp 1960, §44.03B05 (3); redesignated §44.03B05 (4) by SL 1966, ch 136, §2; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-63 - Forwarding record of nonresident's convictions to jurisdiction of residence.

32-12-63. Forwarding record of nonresident's convictions to jurisdiction of residence.
The Department of Public Safety is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
Source:
SL 1959, ch 261, §17; SDC Supp 1960, §44.03B17 (2); SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-64 - Forwarding record without charge.

32-12-64. Forwarding record without charge.
If the Department of Public Safety receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.
Source:
SL 1959, ch 261, §5; SDC Supp 1960, §44.03B05 (4); redesignated §44.03B05 (5) by SL 1966, ch 136, §2; SL 2001, ch 171, §59; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-65 - Driving while license is revoked, suspended, or canceled--Misdemeanors.

32-12-65. Driving while license is revoked, suspended, or canceled--Misdemeanors.
Any person who drives a motor vehicle on any public highway of this state at a time when his privilege is:
(1)Revoked is guilty of a Class 1 misdemeanor;
(2)Suspended is guilty of a Class 2 misdemeanor;
(3)Canceled is guilty of a Class 2 misdemeanor.
Source:
SL 1959, ch 261, §29; SDC Supp 1960, §44.9950 (1); SL 1988, ch 254, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-66 - Extension of period of suspension for driving while license or privilege suspended--Delayed issuance of new license for driving while license revoked.

32-12-66. Extension of period of suspension for driving while license or privilege suspended--Delayed issuance of new license for driving while license revoked.
If the Department of Public Safety receives a record of the conviction of any person under §32-12-65 for driving a vehicle while that person's driver license or driving privilege was suspended, it shall extend the period of suspension for an additional like period. If the conviction was for driving while a license was revoked, the department may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license.
Source:
SL 1959, ch 261, §29; SDC Supp 1960, §44.9950 (2); SL 1986, ch 256; SL 1988, ch 254, §6; SL 1992, ch 220, §2; SL 2001, ch 171, §60; SL 2003, ch 272, §23; SL 2005, ch 167, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-67 - Possession of revoked or altered license--Misdemeanor.

32-12-67. Possession of revoked or altered license--Misdemeanor.
It is a Class 1 misdemeanor for any person to display or cause or permit to be displayed or have in that person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver license.
Source:
SL 1959, ch 261, §27; SDC Supp 1960, §44.9948 (1); SL 2001, ch 171, §61.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-68 - Failure to surrender suspended, revoked or canceled operator's license--Fee and mileage due officer for securing possession--Violation as misdemeanor.

32-12-68. Failure to surrender suspended, revoked or canceled operator's license--Fee and mileage due officer for securing possession--Violation as misdemeanor.
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the Department of Public Safety upon its lawful demand a driver license that has been suspended, revoked, or canceled. If a person fails to return the license to the secretary of the Department of Public Safety after lawful demand, the secretary may direct any law enforcement officer to secure its possession and return it to the secretary. The law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established by the State Board of Finance, to be paid by the person from whom the license was obtained to be collected when the person submits an application for a license. Failure to pay the fee and mileage is a Class 2 misdemeanor.
Source:
SL 1959, ch 261, §27; SDC Supp 1960, §44.9948 (4); SL 1975, ch 201, §1; SL 1982, ch 239; SL 1982, ch 240; SL 1984, ch 161, §5; SL 2001, ch 171, §62; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-69 - Permitting unlawful use of driver license--Misdemeanor.

32-12-69. Permitting unlawful use of driver license--Misdemeanor.
It is a Class 1 misdemeanor for any person to permit any unlawful use of a driver license issued to that person.
Source:
SL 1959, ch 261, §27; SDC Supp 1960, §44.9948 (5); SL 2001, ch 171, §63.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-70 - Displaying another's license--Misdemeanor.

32-12-70. Displaying another's license--Misdemeanor.
It is a Class 1 misdemeanor for any person to display or represent as one's own any driver license not issued to that person.
Source:
SL 1959, ch 261, §27; SDC Supp 1960, §44.9948 (3); SL 2001, ch 171, §64.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-71 - Permitting unauthorized use of license by another--Misdemeanor.

32-12-71. Permitting unauthorized use of license by another--Misdemeanor.
It is a Class 1 misdemeanor for any person to lend that person's driver license to any other person or knowingly permit the use thereof by another.
Source:
SL 1959, ch 261, §27; SDC Supp 1960, §44.9948 (2); SL 2001, ch 171, §65.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-72 - Allowing unauthorized person to use vehicle--Violation as misdemeanor.

32-12-72. Allowing unauthorized person to use vehicle--Violation as misdemeanor.
No person may knowingly authorize or permit a motor vehicle owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under this chapter or in violation of any of the provisions of this chapter. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 261, §31; SDC Supp 1960, §44.03B28; SL 2001, ch 171, §66.