CHAPTER 61:18:05

OUT-OF-STATE CONVICTIONS

Section

61:18:05:01        Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification.

61:18:05:02        Eligibility for restricted license.

          61:18:05:01.  Out-of-state convictions for offenses requiring suspension, revocation, cancellation, or disqualification. Upon receipt from another state of a notice of conviction or final administrative decision for a South Dakota resident of an offense which, if committed in this state, would be grounds for the suspension, revocation, or disqualification of the person's South Dakota driving privileges, the department shall suspend, revoke, cancel, or disqualify the person's driving privileges for the time period that would be imposed if the violation had occurred in South Dakota. If the person's driving privileges are also withdrawn by the state of conviction or final administrative decision and that period is longer than that imposed by South Dakota, the department may not reinstate the person's South Dakota driving privileges until the conclusion of the time period imposed by the other state, even though the person would otherwise be eligible.

          Source: 3 SDR 35, effective November 10, 1976; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 219, effective June 29, 1995; 23 SDR 187, effective May 14, 1997; 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

          General Authority:SDCL 32-12-49, 32-12-49.4, 32-23-11(5).

          Law Implemented:SDCL 32-12-49, 32-12-49.4, 32-12-56.2, 32-23-11(5).

          61:18:05:02.  Eligibility for restricted license. A person suspended for an out-of-state conviction or final administrative decision is eligible for a restricted license on the same basis as if the offense had been committed in South Dakota. If the department or a court in this state could issue a restricted license for the corresponding offense committed in this state, the department may issue a restricted license pursuant to article 61:19, if the person has met South Dakota's requirements under the corresponding statutes or rules. The department may issue the restricted license for the longer of the suspension, revocation, cancellation, or disqualification period imposed by the state of conviction or the period imposed by South Dakota, or as otherwise limited by law.

          Source: 25 SDR 34, effective September 15, 1998; 26 SDR 9, effective August 2, 1999.

          General Authority:SDCL 32-12-49, 32-12-49.4, 32-23-11(1)(4).

          Law Implemented:SDCL 32-12-49, 32-12-49.4, 32-23-11(1)(4).