CHAPTER 32-12
DRIVER LICENSES AND PERMITS
32-12-1 Definitions.
32-12-1.1 Lawful status defined.
32-12-2 Payment of fee--Limitation on attempts to pass examination--Form.
32-12-3 Contents of application--Certification.
32-12-3.1 Identification to be submitted with application--Copy of documentation to be retained by department--Violation as misdemeanor.
32-12-3.2 Promulgation of rules.
32-12-3.3 Evidence of lawful status in U.S. to be presented with application.
32-12-3.4 Evidence of social security number or nonwork authorized status to be presented with application.
32-12-3.5 Documents with applicant's name and residence address to be presented with application.
32-12-4 Examination of applicant--Place of examination--Time of examination.
32-12-4.1 Classes of vehicles--Qualifications and examination.
32-12-4.2 32-12-4.2 to 32-12-4.4. Repealed by SL 1989, ch 265, §§ 2 to 4.
32-12-4.5 Rules authorized for medical and vision standards of drivers.
32-12-4.6 32-12-4.6, 32-12-4.7. Repealed by SL 1989, ch 265, §§ 5, 6.
32-12-4.8 Low-speed vehicle operation.
32-12-5 32-12-5. Repealed by SL 1970, ch 172.
32-12-5.1 Denial of license or permit to person subject to convulsions or blackouts--Temporary permit on applicant's statement.
32-12-6 Minors under age of eighteen--Authorization by parental authority.
32-12-7 Cancellation on request of parental authority.
32-12-8 Cancellation upon death of parental authority--New application.
32-12-10 32-12-10. Transferred to § 32-12-3.1.
32-12-11 Application for license or permit--Persons at least fourteen and less than eighteen--Instruction permit--Restrictions.
32-12-11.1 Motorcycle instruction permit--Application requirements--Examination and fee--Restrictions.
32-12-12 Restricted minor's permit--Restrictions on operation.
32-12-12.1 Motorcycle restricted minor's permit--Application requirements--Examination and fee--Restrictions.
32-12-12.2 32-12-12.2. Repealed by SL 2010, ch 160, § 2.
32-12-12.3 Upgrading restricted minor's permit by mail or electronically.
32-12-12.4 Enforcement of prohibition of use of wireless communication device.
32-12-12.5 Restricted Minor's Permit--Passenger Limit.
32-12-13 Weight of vehicle operated under restricted minor's permit--Agricultural machinery.
32-12-14 Vehicles operable under restricted minor's permit.
32-12-14.1 Restrictions voided at age eighteen--Suspension or revocation for conviction committed before age eighteen.
32-12-15 Permits issued on a probationary basis--Suspension--Exception--Conviction prior to permit.
32-12-15.1 Suspension of permit upon conviction for violation of permit conditions.
32-12-16 Fee for original or renewal license--Fee for duplicate or changed license--Disposition of fee.
32-12-17 Issuance of license--Qualifications.
32-12-17.1 Issuance of motorcycle operator's license--Requirements.
32-12-17.2 Nondriver identification cards--Fee--Renewal and expiration.
32-12-17.3 Display or possession of canceled, fictitious or fraudulently altered nondriver identification card--Misdemeanor.
32-12-17.4 Unlawful use of nondriver identification card--Misdemeanor.
32-12-17.5 Displaying another's nondriver identification card--Misdemeanor.
32-12-17.6 Loaning nondriver identification card prohibited--Misdemeanor.
32-12-17.7 Bar code on license--Criminal information.
32-12-17.8 Bar code on license--Medical information.
32-12-17.9 Bar code on license--Information allowed.
32-12-17.10 Contents of license or permit--Barcode.
32-12-17.11 Maintenance of photographic files.
32-12-17.12 Registration with Selective Service as condition for obtaining certain licenses--Department to forward personal information to Selective Service--Application deemed consent to register with Selective Service.
32-12-17.13 Social security number on driver license or nondriver identification card prohibited.
32-12-17.14 Either driver license or nondriver identification card held by same person to be marked as not acceptable for federal purposes.
32-12-17.15 Veteran designation.
32-12-17.16 Nondriver identification cards--Fee waiver--Applicants who are homeless.
32-12-18 Surrender of previously issued license--Prohibition against more than one license--Temporary license issued when examination failed.
32-12-19 Temporary permit pending issuance of license.
32-12-20 Cancellation of license to which not entitled--Surrender of canceled license.
32-12-21 Privilege conferred by issuance of license--Authority of local governments.
32-12-22 Prohibition against driving without license--Misdemeanor.
32-12-22.1 License not required for operation of tractor or implement in farm operations--Operation within municipality prohibited after revocation or suspension of license.
32-12-23 Government employees exempt from licensing requirement.
32-12-24 Nonresident out-of-state licensee exempt from licensing requirement.
32-12-25 32-12-25. Repealed by SL 1989, ch 265, § 22.
32-12-26 Reciprocity respecting nonresident provisions.
32-12-26.1 Period of residency for purpose of licensing requirement.
32-12-27 Military personnel, domestic volunteers, and dependents with out-of-state license exempt.
32-12-28 Students in driver education class exempt from licensing requirement--Conditions attached to operation.
32-12-29 Unlicensable persons--Minors under sixteen--Exceptions.
32-12-30 Unlicensable persons--Suspended or revoked license or privilege to drive--Exceptions--Out-of-state suspension.
32-12-31 Unlicensable persons--Habitual alcohol or drug user.
32-12-32 Unlicensable persons--Physical or mental capability--Promulgation of rules.
32-12-33 Unlicensable persons--Failure to pass examination.
32-12-34 Unlicensable persons--Failure to deposit proof of financial responsibility.
32-12-35 Unlicensable persons--Driving inimical to public safety or welfare.
32-12-36 Issuance of restricted license.
32-12-36.1 32-12-36.1. Transferred to § 32-12-12.2.
32-12-37 Special restricted license--Restrictions stated upon ordinary license.
32-12-38 Violation of restriction--Suspension or revocation.
32-12-38.1 32-12-38.1. Transferred to § 32-12-15.1.
32-12-39 Requirement that license be in possession of driver--Display of license--Violation as petty offense.
32-12-40 Production of license in court--License expired for not more than thirty days--Postponement of sentencing pending renewal.
32-12-41 Lost or destroyed license--Issuance of duplicate--Fee--Affidavit.
32-12-42 Expiration of license or permit--Period for renewal--Application and fee--Waiver of tests.
32-12-42.1 Expiration of license, permit or identification card issued to individual under twenty-one years of age.
32-12-42.2 Expiration of license issued to person not a U.S. citizen or permanent resident.
32-12-43 Eyesight examination required for renewal--Exception.
32-12-43.1 Application by mail or electronically for replacement or renewal.
32-12-43.2 Promulgation of rules on renewal by mail or electronic renewal.
32-12-44 32-12-44, 32-12-44.1. Repealed by SL 1985, ch 253, §§ 3, 4.
32-12-45 Extended term of license or permit held by active duty member of armed forces, spouse, or dependent--Renewal.
32-12-45.1 32-12-45.1. Repealed by SL 2018, ch 191, § 2.
32-12-46 Cause for suspension or revocation of license--Notice and examination--Failure to submit to examination--Issuance of restricted license.
32-12-47 Duration for which license may be suspended--Exceptions.
32-12-47.1 Renewal or restoration after suspension, revocation or disqualification--Time--Application--Fee--Examination.
32-12-47.2 Revocation and suspension defined--Conditions for reinstatement after revocation or suspension.
32-12-47.3 Application for license when time for suspension or revocation has expired--Violation.
32-12-48 Commencement of period of revocation for driving under the influence--Reinstatement application and fee--Investigation--Restrictions imposed by court.
32-12-49 Suspension, revocation or cancellation after opportunity for hearing--Grounds--Old offenses not considered--Rules.
32-12-49.1 Point system for offenses--Number of points charged.
32-12-49.2 Point accumulation subjecting license or permit to suspension.
32-12-49.3 Suspension based on licensee's record.
32-12-49.4 Restricted license for employment or school purposes when driving privilege has been withdrawn--Rules.
32-12-50 32-12-50. Repealed by SL 1975, ch 204, § 2.
32-12-51 Suspension or revocation of nonresident driving privileges.
32-12-52 32-12-52. Repealed by SL 1992, ch 220, § 9.
32-12-52.1 Mandatory revocation of license--Conviction of driving under the influence.
32-12-52.2 32-12-52.2. Reserved.
32-12-52.3 Revocation for drug-related offenses.
32-12-52.4 Suspension for certain alcohol-related offenses by a minor.
32-12-52.5 Suspension or revocation of or restrictions on driving privileges of juveniles.
32-12-53 Conviction defined.
32-12-54 Record of conviction or noncompliance with citation forwarded by court to department.
32-12-55 Surrender of license to court upon conviction--Forwarding license to department.
32-12-56 Suspension or revocation for out-of-state conviction--Grounds.
32-12-56.1 Entry and implementation of nonresident violators and driver license compact.
32-12-56.2 Suspension, revocation, or disqualification for out-of-state conviction or final administrative decision.
32-12-57 Surrender of suspended or revoked license to department.
32-12-58 Operation of vehicle under license issued in other jurisdiction prohibited during suspension or revocation.
32-12-59 32-12-59. Repealed by SL 1997, ch 189, § 1.
32-12-59.1 32-12-59.1. Repealed by SL 1989, ch 265, § 25.
32-12-60 Records kept by department.
32-12-61 Individual records of accidents, convictions, disqualifications, and other licensing actions--Certain convictions and accidents recorded separately.
32-12-61.1 Problem driver point system abstract.
32-12-62 Record of out-of-state convictions upon application by new resident.
32-12-63 Forwarding record of nonresident's convictions to jurisdiction of residence.
32-12-64 Forwarding record without charge.
32-12-65 Driving while license is revoked, suspended, or canceled--Misdemeanors.
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.
32-12-67 Possession of revoked or altered license--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.
32-12-69 Permitting unlawful use of driver license--Misdemeanor.
32-12-70 Displaying another's license--Misdemeanor.
32-12-71 Permitting unauthorized use of license by another--Misdemeanor.
32-12-72 Allowing unauthorized person to use vehicle--Violation as misdemeanor.
32-12-73 Permitting unauthorized minor to use vehicle--Violation as misdemeanor.
32-12-74 Unauthorized use of vehicle under restricted license--Misdemeanor.
32-12-75 32-12-75. Repealed by SL 1983, ch 239, § 3.
32-12-75.1 False representation or nondisclosure to obtain license or nondriver identification card as misdemeanor--Suspension or disqualification of license.
32-12-75.2 Counterfeiting, forging, or altering any driver license or nondriver identification card--Misdemeanor.
32-12-75.3 Sale, offer for sale, or distribution of any counterfeited, forged, or altered driver license or nondriver identification card--Misdemeanor.
32-12-76 32-12-76. Repealed by SL 2001, ch 171, § 70.
32-12-77 32-12-77 to 32-12-90. Transferred to §§ 32-12A-1 to 32-12A-14.
32-12-91 32-12-91 to 32-12-99.1. Transferred to §§ 32-12A-16 to 32-12A-25.
32-12-100 32-12-100. Transferred to § 32-12A-28.
32-12-101 32-12-101 to 32-12-103. Transferred to §§ 32-12A-29 to 32-12A-31.
32-12-104 32-12-104 to 32-12-115. Transferred to §§ 32-12A-36 to 32-12A-50.
32-12-116 Restrictions on issuing license to person in arrears for child support--Notice of intent to revoke license--Request for hearing--Promulgation of rules.
32-12-117 32-12-117. Transferred to § 32-12A-51.
32-12-118 32-12-118. Transferred to § 32-12-61.1.
32-12-119 32-12-119 to 32-12-121. Transferred to §§ 32-12A-52 to 32-12A-54.
32-12-122 32-12-122 to 32-12-124. Transferred to §§ 32-12A-56 to 32-12A-58.
32-12-125 Fees only used for operating driver licensing program.
32-12-126 License applications and examination materials--Language.
32-12-1. Definitions.
For purposes of this chapter, terms are defined in § 32-14-1. Terms used in this chapter mean:
(1) "Driver license," a document issued by a state or jurisdiction to an individual that authorizes the individual to drive a motor vehicle, including an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, and temporary permit;
(2) "Operator's license," any document issued by a state or jurisdiction to an individual that bestows full driving privileges upon the individual; and
(3) "Personally identifiable information," any information that can be used to distinguish or trace an individual's identity, such as name, social security number, or driver license or nondriver identification card number; and
(4) "Principal residence," the location where a person currently resides even if at a temporary address.
Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (1); SL 2001, ch 171, § 1; SL 2009, ch 154, § 1, eff. Dec. 31, 2009; SL 2013, ch 143, § 1.
32-12-1.1. Lawful status defined.
For the purposes of this chapter, the term, lawful status, means that a person is a citizen or national of the United States or is an alien who:
(1) Is lawfully admitted for permanent or temporary residence in the United States;
(2) Has conditional permanent resident status in the United States;
(3) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(4) Has a valid nonimmigrant status in the United States;
(5) Has a pending application for asylum in the United States;
(6) Has a pending or approved application for temporary protected status (TPS) in the United States;
(7) Has approved deferred action status; or
(8) Has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.
Source: SL 2009, ch 154, § 2, eff. Dec. 31, 2009.
32-12-2. Payment of fee--Limitation on attempts to pass examination--Form.
Any application under this chapter shall be accompanied by the proper fee and payment of such fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application. Any application for a driver license shall be made upon a form furnished by the Department of Public Safety.
Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (1); SL 2001, ch 171, § 2; SL 2003, ch 272, § 23.
32-12-3. Contents of application--Certification.
Every application under this chapter shall state the full legal name or any other name taken for lawful purposes, date of birth, social security number, sex, and current mailing address and residential address of the applicant, and briefly describe the applicant. The applicant shall state whether he has previously been licensed as an operator, and, if so, when and by what state or country, and whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal. All applicants shall certify the information provided as true and correct.
Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (2); SL 1974, ch 217; SL 1983, ch 239, § 1; SL 1989, ch 267, § 38; SL 1991, ch 252, § 1.
32-12-3.1. Identification to be submitted with application--Copy of documentation to be retained by department--Violation as misdemeanor.
Any applicant as provided for in this chapter shall, on making application for an 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, present to the examiner one of the following documents in order to establish identity and date of birth:
(1) A certified copy of a United States birth certificate filed with the state office of vital records or equivalent agency;
(2) A consular report of birth abroad (United States Department of State form FS-240, DS-1350, or FS-545);
(3) A valid, unexpired permanent resident card (form I-551 issued by the United States Department of Homeland Security or Immigration and Naturalization Services);
(4) An unexpired employment authorization document issued by the United States Department of Homeland Security (form I-766 or I-688B);
(5) An unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved I-94 form documenting the applicant's most recent entrance into the United States;
(6) A certificate of naturalization issued by the United States Department of Homeland Security (form N-550 or N-570);
(7) A certificate of citizenship form N-560 or N-561 issued by the United States Department of Homeland Security;
(8) A valid driver license issued by this state or another state that meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2015, and is acceptable by federal agencies for official purposes;
(9) Any other document designated by the Department of Homeland Security by publication in the Federal Register that establishes identity and date of birth; or
(10) A valid, unexpired United States passport.
For all documentation offered by the applicant to provide evidence of identity, date of birth, social security number or nonwork authorized status, address of principal residence, and lawful status, the department shall make a copy of the documentation and shall retain the copy for ten years. All documents retained under this section are confidential. The examiner may, as part of a documented exceptions process, accept other evidence of identity and date of birth of any applicant and lawful status of any United States citizen only if the examiner is satisfied that the applicant cannot, for good reason beyond the applicant's control, produce such primary documents. The examiner shall record the acceptance of any alternative document under the exceptions process. The Department of Public Safety may not require new evidence of birth at the time an application is made by a person holding an 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, if that person's driver license or nondriver identification card meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2015, is acceptable by federal agencies for official purposes, and is turned in to the department with the application. Any person who obtains a driver license or nondriver identification card pursuant to this section fraudulently or by use of a fraudulently obtained document is guilty of a Class 1 misdemeanor.
Source: SDC Supp 1960, § 44.03B05 as added by SL 1966, ch 136, § 1; SDCL § 32-12-10; SL 1970, ch 173; SL 1976, ch 189; SL 1977, ch 254; SL 1987, ch 227; SL 1989, ch 265, § 1; SL 1997, ch 188, § 1; SL 2001, ch 171, § 3; SL 2001, ch 172, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2005, ch 164, § 1; SL 2009, ch 154, § 3, eff. Dec. 31, 2009; SL 2018, ch 190, § 2.
32-12-3.2. Promulgation of rules.
The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 32-12-3.1 and 32-12-42.
Source: SL 1997, ch 188, § 3; SL 2004, ch 17, § 129.
32-12-3.3. Evidence of lawful status in U.S. to be presented with application.
Any applicant under the provisions of this chapter shall, on making application for an 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, present to the examiner evidence of lawful status in the United States. If the applicant has presented one of the identity documents listed under subdivision 32-12-3.1(1), (2), (3), (4), (5), (6), (7), or (10), the document is satisfactory evidence of lawful status. If the applicant presents the identity documents listed under subdivision 32-12-3.1(8) or (9), the document is not satisfactory evidence of lawful status. Such applicant shall also present a second document from subdivision 32-12-3.1(1), (2), (3), (4), (5), (6), (7), or (10) or documentation issued by the United States Department of Homeland Security or other federal agencies demonstrating lawful status as determined by the United States Citizenship and Immigration Services through the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security.
Source: SL 2009, ch 154, § 5, eff. Dec. 31, 2009.
32-12-3.4. Evidence of social security number or nonwork authorized status to be presented with application.
Any applicant under the provisions of this chapter who has been assigned a social security account number shall, on making initial application for an 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, present to the examiner a Social Security Administration account number card. If a Social Security Administration account number card is not available, the applicant may present any of the following documents bearing the applicant's social security number:
(1) A W-2 form;
(2) A SSA-1099 form;
(3) A non-SSA-1099 form; or
(4) A pay stub with the applicant's name and social security number.
Any applicant lawfully present in a nonimmigrant status who does not present evidence of a social security account number shall present to the examiner documentation which demonstrates a nonwork authorized status.
Unless the applicant has been assigned a new number by the Social Security Administration, the department may not require documentation of an applicant's social security number if the applicant currently holds a driver license or nondriver identification card that meets the requirements of 6 C.F.R. 37 as amended January 1, 2015.
Source: SL 2009, ch 154, § 6, eff. Dec. 31, 2009; SL 2018, ch 190, § 1.
32-12-3.5. Documents with applicant's name and residence address to be presented with application.
Any applicant under the provisions of this chapter shall, on making application for an 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, present to the examiner at least two documents containing the applicant's name and address of principal residence in order to establish the applicant's address of principal residence.
Source: SL 2009, ch 154, § 7, eff. Dec. 31, 2009.
32-12-4. Examination of applicant--Place of examination--Time of examination.
The Department of Public Safety or any person authorized by the secretary of the Department of Public Safety shall examine each applicant for a driver license. Such examination shall include a test of the applicant's eyesight, the applicant's ability to read and understand highway signs regulating, warning, and directing traffic, the applicant's knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The department shall make provision for giving an examination either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant within not more than thirty days from the date the application is received.
Source: SL 1959, ch 261, § 9; SDC Supp 1960, § 44.03B09; SL 1980, ch 219, § 1; SL 2001, ch 171, § 106; SL 2003, ch 272, § 23.
32-12-4.1. Classes of vehicles--Qualifications and examination.
The secretary of the Department of Public Safety may adopt rules and regulations setting forth qualifications necessary for the safe operation of various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications according to the general class of license for which application has been made.
Source: SL 1974, ch 215, § 2; SL 1982, ch 18, § 22; SL 2003, ch 272, § 23.
32-12-4.5. Rules authorized for medical and vision standards of drivers.
The secretary of the Department of Public Safety may promulgate rules on medical criteria and vision standards relating to the licensing of drivers under the provisions of this chapter.
Source: SL 1974, ch 230, § 4; SL 1986, ch 22, § 4; SL 2003, ch 272, § 23.
32-12-4.8. Low-speed vehicle operation.
Any person operating a low-speed vehicle shall hold a valid driver's license.
Source: SL 2008, ch 147, § 6.
32-12-5.1. Denial of license or permit to person subject to convulsions or blackouts--Temporary permit on applicant's statement.
The Department of Public Safety may deny the issuance of a motor vehicle operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit to any individual who has experienced convulsions, seizures, or blackouts, until the individual has experienced a period of twelve months without any such episode. However, upon receipt of a statement signed by the applicant that the applicant's condition is adequately controlled by medication, the applicant is continuing to take medication, and the applicant is under the care of a physician, the Department of Public Safety may issue a temporary permit to the applicant. This temporary permit is subject to the provisions of § 32-12-36 and is reviewable by the department every six months, or until the applicant has gone a period of twelve months without any episode.
Source: SL 1979, ch 216; SL 1988, ch 252; SL 1989, ch 265, § 7; SL 1990, ch 251; SL 2001, ch 171, § 4; SL 2003, ch 272, § 23.
32-12-6. Minors under age of eighteen--Authorization by parental authority.
The application of any person under the age of eighteen years for a driver license or nondriver identification card shall be signed by the father, mother, or guardian, or, if there is no parent or guardian, then by another responsible adult and verified before a designee of the Department of Public Safety or a person authorized to administer oaths.
Source: SL 1959, ch 261, § 6; SDC Supp 1960, § 44.03B06; SL 1989, ch 265, § 8; SL 2001, ch 171, § 5; SL 2003, ch 272, § 23.
32-12-7. Cancellation on request of parental authority.
Any person who has signed the application of a minor for a driver license or nondriver identification card may file with the Department of Public Safety a verified written request that the driver license or nondriver identification card of the minor be canceled. Thereupon the department shall cancel the driver license or nondriver identification card of the minor.
Source: SL 1959, ch 261, § 7; SDC Supp 1960, § 44.03B07; SL 1989, ch 265, § 9; SL 2001, ch 171, § 6; SL 2003, ch 272, § 23.
32-12-8. Cancellation upon death of parental authority--New application.
The Department of Public Safety upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a driver license or nondriver identification card shall cancel the license or nondriver identification card and may not issue a new license or nondriver identification card until such time as a new application, duly signed and verified, is made as required by this chapter. This provision does not apply if the minor has attained the age of eighteen years.
Source: SL 1959, ch 261, § 8; SDC Supp 1960, § 44.03B08; SL 1989, ch 265, § 10; SL 2001, ch 171, § 7; SL 2003, ch 272, § 23.
32-12-11. Application for license or permit--Persons at least fourteen and less than eighteen--Instruction permit--Restrictions.
Any person who is at least fourteen years of age but less than eighteen years of age applying for a South Dakota operator's license, restricted minor's permit, or instruction permit who does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit shall apply to the Department of Public Safety for an instruction permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test and paid a fee which is equal in amount to the fee prescribed for a license in § 32-12-16, issue to the applicant an instruction permit.
The instruction permit entitles the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the public highways for a period of five years during the hours of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator's license who is at least eighteen years of age, has had at least one year of driving experience, and who is occupying a seat beside the applicant. The applicant is entitled to drive a motor vehicle upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the applicant's parent or guardian who is occupying a seat beside the applicant. No holder of an instruction permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.
The holder of an instruction permit who is at least fourteen years of age but less than eighteen years of age may apply for a restricted minor's permit after holding a valid instruction permit for at least one hundred eighty continuous days if issued before July 1, 2020, or at least two hundred seventy-five days if issued after July 1, 2020. The minor holding the instruction permit issued after July 1, 2020, shall drive a minimum of fifty hours under the supervision of a parent, legal guardian, or licensed driver over the age of eighteen with at least one year of driving experience. Ten of the mandated hours must be in inclement weather and no less than ten hours must be during night time hours. A parent or legal guardian shall attest in writing that the minor has met the instruction permit requirements as set forth in this chapter before the minor can apply for and obtain a restricted minor's permit under § 32-12-12.
Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (1); SL 1977, ch 255; SL 1978, ch 230, § 7; SL 1989, ch 265, § 11; SL 1991, ch 252, § 2; SL 1992, ch 216; SL 1998, ch 186, § 1; SL 2000, ch 155, § 1; SL 2001, ch 171, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 211, § 1; SL 2007, ch 180, § 1; SL 2013, ch 145, § 2; SL 2015, ch 166, § 1; SL 2020, ch 117, § 1.
32-12-11.1. Motorcycle instruction permit--Application requirements--Examination and fee--Restrictions.
Any person who is at least fourteen years of age but less than eighteen years of age applying for a South Dakota motorcycle operator's license, motorcycle restricted minor's permit, or motorcycle instruction permit who does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit that has been valid continuously for at least one hundred eighty days if issued before July 1, 2020, or at least two hundred seventy-five days if issued on or after July 1, 2020, shall apply to the Department of Public Safety for a motorcycle instruction permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test and paid a fee which is equal in amount to the fee prescribed for a license in § 32-12-16, issue to the applicant a motorcycle instruction permit. The motorcycle instruction permit shall be held for at least one hundred eighty continuous days if issued before July 1, 2020, or at least two hundred seventy-five days if issued on or after July 1, 2020.
A motorcycle instruction permit holder is not required to obtain a motorcycle operator's license or a motorcycle restricted minor's permit if the applicant currently holds an instruction permit, restricted minor's permit, or operator's license that has been valid continuously for one hundred eighty days.
A motorcycle instruction permit entitles the holder, while having the permit in the permit holder's immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if the permit holder is accompanied by a licensed motorcycle operator who is at least eighteen years of age, who has at least one year of driving experience, and who is driving another motorcycle along with the permit holder. No motorcycle instruction permit holder may carry another person on the motorcycle. The permit is valid for one year. The holder of a motorcycle instruction permit who is at least fourteen years of age but less than eighteen years of age may apply for a motorcycle restricted minor's permit after holding a valid motorcycle instruction permit as required by this section.
Source: SL 2001, ch 171, § 9; SL 2003, ch 272, § 23; SL 2020, ch 117, § 2.
32-12-12. Restricted minor's permit--Restrictions on operation.
A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 and has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education course that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days if issued before July 1, 2020,or one hundred eighty continuous days if issued on or after July 1, 2020.
A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder's parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation do not apply to the holder of a valid restricted minor's permit who is:
(1) Operating a self-propelled agricultural machine that is not subject to registration under chapter 32-5;
(2) Operating a motor vehicle while traveling the most direct route to or from school or a school event;
(3) Operating a motor vehicle while traveling the most direct route to or from any religious worship service or meeting held by a religious organization; or
(4) Operating a motor vehicle while traveling the most direct route to, from, or in connection with any job, employment, or farm-related work.
No holder of a restricted minor's permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.
An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully completed the requirements set forth in § 32-12-11, has held a restricted minor's permit for at least six months, and has not been convicted of any traffic violations during the six months immediately preceding the application for an operator's license. If the holder applies and makes payment of the required fee thirty-one or more days after the expiration date of the restricted minor's permit, the holder shall take the knowledge test as required by § 32-12-4 and may take the skill test for an operator's license.
Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1970, ch 174; SL 1971, ch 187, § 1; SL 1977, ch 256, § 1; SL 1978, ch 230, § 8; SL 1982, ch 235; SL 1989, ch 265, § 12; SL 1993, ch 213, § 216; SL 1998, ch 186, § 2; SL 2000, ch 155, § 2; SL 2000, ch 156, § 1; SL 2001, ch 171, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 212, § 1; SL 2013, ch 145, § 3; SL 2020, ch 117, § 3.
32-12-12.1. Motorcycle restricted minor's permit--Application requirements--Examination and fee--Restrictions.
A motorcycle restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of a motorcycle instruction permit as outlined in § 32-12-11.1 and has not been convicted of a traffic violation during the past six months. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the motorcycle instruction permit to qualify for the motorcycle restricted minor's permit is thirty continuous days if issued before July 1, 2020, or one hundred eighty continuous days if issued on or after July 1, 2020.
A motorcycle restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission of the holder's parents or guardian.
A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully completed the requirements set forth in § 32-12-11.1, has held a restricted minor's motorcycle permit for at least six months, and has not been convicted of any traffic violations during the past six months immediately preceding the application for a motorcycle operator's license.
Source: SL 2001, ch 171, § 11; SL 2003, ch 272, § 63; SL 2020, ch 117, § 4.
32-12-12.3. Upgrading restricted minor's permit by mail or electronically.
Any person holding a restricted minor's permit pursuant to § 32-12-12 or a motorcycle restricted minor's permit pursuant to § 32-12-12.1 may upgrade to an operator's license or motorcycle operator's license by mail or electronically unless the person has been convicted of a traffic violation. The holder shall mail to the Department of Public Safety or pay electronically the appropriate fee pursuant to § 32-12-16. The eyesight test required by § 32-12-4 is waived if upgrading pursuant to the provisions of this section.
Source: SL 2010, ch 160, § 1; SL 2014, ch 148, § 3.
32-12-12.4. Enforcement of prohibition of use of wireless communication device.
Any enforcement of the prohibition of the use of a wireless communication device pursuant to the provisions of §§ 32-12-11 and 32-12-12 by a law enforcement officer shall be accomplished as a secondary action.
Source: SL 2013, ch 145, § 4.
32-12-12.5 . Restricted Minor's Permit--Passenger Limit.
No holder of a restricted minor's permit may operate a motor vehicle carrying any passenger other than a member of the driver's immediate family or members of the driver's household during the first six months of holding a restricted minor's permit. After the first six months the holder of a restricted minor's permit is limited to no more than one passenger under the age of eighteen years who is not:
(1) A member of the permit holder's immediate family; or
(2) A person whose primary residence is the same household as the permit holder's.
The provisions of this section do not apply if the permit holder is accompanied by a parent or guardian or any passenger who is at least eighteen years of age and has one year of driving experience and whose primary residence is the same household as the restricted minor's permit holder.
Source: SL 2020, ch 117, § 5.
32-12-13. Weight of vehicle operated under restricted minor's permit--Agricultural machinery.
A restricted minor's permit issued under § 32-12-12 or a motorcycle restricted minor's permit issued under § 32-12-12.1 does not entitle the minor to operate a motor vehicle in excess of twenty thousand pounds gross vehicle weight. However, the restriction imposed by this section does not apply to the holder of a restricted minor's permit operating a self-propelled agricultural machine that is not subject to registration under chapter 32-5.
Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1971, ch 187, § 2; SL 1989, ch 265, § 13; SL 2001, ch 171, § 12.
32-12-14. Vehicles operable under restricted minor's permit.
A restricted minor's permit issued under § 32-12-12 or a motorcycle restricted minor's permit issued under § 32-12-12.1 does not entitle the minor to operate a motor vehicle on which is mounted a sawmill; a motor vehicle used in transportation of products originating in, or produced from, or necessary to mining or logging operations; a motor vehicle used in the construction of roads and highways; or a motor vehicle used in the construction of stock water dugouts or dams and other soil and water conservation projects that are not located on the farm or ranch of the parent or guardian.
Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1989, ch 265, § 14; SL 1993, ch 213, § 217; SL 2001, ch 171, § 13.
32-12-14.1. Restrictions voided at age eighteen--Suspension or revocation for conviction committed before age eighteen.
The restrictions in §§ 32-12-12, 32-12-13, 32-12-14, and 32-12-12.1 do not apply if the minor has obtained the age of eighteen years. Nothing in this section precludes the suspension or revocation of the minor's driving privileges upon the receipt of a record of conviction for a violation of the restrictions committed prior to the minor's eighteenth birthday.
Source: SL 1989, ch 265, § 15; SL 1998, ch 186, § 3; SL 2001, ch 171, § 14.
32-12-15. Permits issued on a probationary basis--Suspension--Exception--Conviction prior to permit.
The issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The Department of Public Safety, upon the receipt of a record of conviction for a traffic violation or for a violation of the restrictions in § 32-12-11, 32-12-11.1, 32-12-12, 32-12-12.1, 32-12-13, 32-12-14, or 32-12-12.5, committed while operating under an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit prior to the minor's sixteenth birthday, shall suspend the minor's driving privileges according to the following schedule:
(1) For a felony or Class 1 misdemeanor traffic conviction, suspension for one hundred eighty days or until the minor's sixteenth birthday, whichever period is longer, or as otherwise required by law;
(2) For a first Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance, suspension for thirty days or as otherwise required by law;
(3) For a first conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit, suspension for thirty days or as otherwise required by law;
(4) For a second Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance, suspension until the minor's sixteenth birthday or for one hundred eighty days, whichever period is longer, or as otherwise required by law; and
(5) For a second conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit, suspension until the minor's sixteenth birthday or for one hundred eighty days, whichever period is longer, or as otherwise required by law.
No permit may be suspended for a first violation of §§ 32-14-9.1, 32-21-27, 32-25-5, 32-26-20, or 34A-7-7.
If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit, and is convicted of any traffic violation prior to the minor's eighteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege to apply for a driver license as provided in this section. A conviction for any traffic violation that occurs prior to the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license must be placed on the driving record and given the same consideration as any violation that occurs following the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license.
Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1973, ch 205; SL 1984, ch 226; SL 1989, ch 265, § 16; SL 1992, ch 217, § 1; SL 1998, ch 186, § 4; SL 2000, ch 157, § 1; SL 2001, ch 171, § 15; SL 2003, ch 272, § 23; SL 2006, ch 165, § 6; SL 2008, ch 157, § 1; SL 2020, ch 117, § 6; SL 2023, ch 101, § 1.
32-12-15.1. Suspension of permit upon conviction for violation of permit conditions.
The Department of Public Safety upon receipt of a record of conviction for a violation of the conditions of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit shall suspend the minor's permit or driving privileges for a period of thirty days.
Source: SL 1998, ch 186, § 9; SDCL 32-12-38.1; SL 2001, ch 171, §§ 34, 115; SL 2003, ch 272, § 23.
32-12-16. Fee for original or renewal license--Fee for duplicate or changed license--Disposition of fee.
The application fee for an original driver license or a renewal of a driver license is twenty-eight dollars. The fee for a duplicate license, a name change, or an address change is fifteen dollars. The fee shall be credited to the state motor vehicle fund.
Five dollars of every fee for an original or renewal license collected pursuant to this section shall be used to administer the Division of Highway Patrol.
Source: SL 1959, ch 261, § 33; SDC Supp 1960, § 44.03B30; SL 1964, ch 131; SL 1973, ch 202; SL 1974, ch 216, § 1; SL 1977, ch 257; SL 1984, ch 30, § 52; SL 1989, ch 266; SL 1994, ch 252, § 1; SL 2001, ch, § 16; SL 2009, ch 152, § 2; SL 2015, ch 167, § 1.
32-12-17. Issuance of license--Qualifications.
Upon payment of the fee established by § 32-12-16, the Department of Public Safety shall issue an operator's license to each qualifying applicant. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 and the restricted minor's permit as provided in § 32-12-12 if the applicant has not been convicted of a traffic violation in the past six months, and the applicant is not currently under suspension, revocation, or disqualification.
Source: SL 1959, ch 261, § 10; SDC Supp 1960, § 44.03B10; SL 1965, ch 201, § 1; SL 1974, ch 215, § 1; SL 1974, ch 216, § 2; SL 1976, ch 190; SL 1989, ch 265, § 17; SL 1992, ch 218, § 1; SL 1998, ch 186, § 6; SL 1998, ch 187, § 1; SL 2000, ch 155, § 3; SL 2001, ch 171, § 17; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 7.
32-12-17.1. Issuance of motorcycle operator's license--Requirements.
Upon payment of the fee established by § 32-12-16, the Department of Public Safety shall issue a motorcycle operator's license to each qualifying applicant. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of a motorcycle instruction permit as provided in § 32-12-11.1 and restricted motorcycle minor's permit as provided in § 32-12-12.1, if the applicant has not been convicted of a traffic violation during the past six months, and if the applicant is not currently under suspension, revocation, or disqualification.
Source: SL 2001, ch 171, § 18; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 8.
32-12-17.2. Nondriver identification cards--Fee--Renewal and expiration.
The Department of Public Safety may issue upon application a nondriver identification card, similar in form but distinguishable in color from a driver license, to any resident of this state. Each applicant for a nondriver identification card shall, as part of the application, present to the department a certified copy of a certificate of birth or another form of evidence of date of birth and identity as allowed by § 32-12-3.1.
Except as provided in § 32-12-17.16, the fees for a nondriver identification card are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification card expires on the holder's birthday in the fifth year following the issuance of the nondriver identification card, 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 nondriver identification card is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any nondriver identification card renewed before its expiration expires five years after the holder'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.
The nondriver identification card must bear an indication if the holder has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7 and an indication if the holder is a veteran pursuant to the provisions of § 32-12-17.15. Any nondriver identification card renewed during the thirty-day period following the date of expiration expires five years from the holder'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 1974, ch 231, § 1; SL 1978, ch 227; SL 1982, ch 236; SL 1989, ch 265, § 18; SL 1992, ch 218, § 2; SL 1996, ch 199, § 1; ch 171, § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2009, ch 154, § 8, eff. Dec. 31, 2009; SL 2012, ch 167, § 2; SL 2024, ch 115, § 2.
32-12-17.3. Display or possession of canceled, fictitious or fraudulently altered nondriver identification card--Misdemeanor.
It is a Class 1 misdemeanor for any person to display or cause or permit to be displayed or have in his possession any canceled, fictitious or fraudulently altered nondriver identification card.
Source: SL 1991, ch 253, § 1.
32-12-17.4. Unlawful use of nondriver identification card--Misdemeanor.
It is a Class 1 misdemeanor for any person to permit any unlawful use of a nondriver identification card issued to him.
Source: SL 1991, ch 253, § 2.
32-12-17.5. Displaying another's nondriver identification card--Misdemeanor.
It is a Class 1 misdemeanor for any person to display or represent as one's own any nondriver identification card not issued to him.
Source: SL 1991, ch 253, § 3.
32-12-17.6. Loaning nondriver identification card prohibited--Misdemeanor.
It is a Class 1 misdemeanor for any person to lend his nondriver identification card to any other person or knowingly permit the use thereof by another.
Source: SL 1991, ch 253, § 4.
32-12-17.7. Bar code on license--Criminal information.
If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10, the secretary of the Department of Public Safety may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive.
Source: SL 1998, ch 187, § 2; SL 2004, ch 17, § 130.
32-12-17.8. Bar code on license--Medical information.
If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10, the secretary of the Department of Public Safety may include information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data, if the licensee requests such information to be included. Before such information may be included, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.
Source: SL 1998, ch 187, § 3; SL 2004, ch 17, § 131.
32-12-17.9. Bar code on license--Information allowed.
Only the information listed in §§ 32-12-17.7 to 32-12-17.9, inclusive, may be placed in a bar code or other information retrieval device on the license.
Source: SL 1998, ch 187, § 4.
32-12-17.10. Contents of license or permit--Barcode.
An operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit shall bear a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, gender, principal residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, an indication if the licensee is a veteran pursuant to the provisions of § 32-12-17.15, a full facial digital photograph, a brief description of the licensee, the licensee's signature, security features designed to deter forgery and counterfeiting, to promote an adequate level of confidence in the authenticity of the cards, and to facilitate detection of fraudulent cards, the issue date of the license, the expiration date of the license, an indication that the license is temporary or limited term if the holder has temporary lawful status in the United States, the name of this state, and a security marking approved by the United States Department of Homeland Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended through January 1, 2015. The department shall indicate upon each license the general class of vehicles that the licensee may drive. The back of the license shall contain a barcode. The department shall include in the barcode the name of this state, the information printed on the license, the card design revision date indicating the most recent change or modification to the visible format of the card, and an indicator if the license is temporary or limited term. No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number.
Source: SL 2001, ch 171, § 19; SL 2005, ch 166, § 2; SL 2009, ch 154, § 9, eff. Dec. 31, 2009; SL 2012, ch 167, § 1; SL 2018, ch 190, § 3.
32-12-17.11. Maintenance of photographic files.
The Department of Public Safety may maintain a photographic image of all licensed drivers to facilitate the issuance of duplicate driver licenses.
Source: SL 1974, ch 216, § 3; SL 1978, ch 226; SDCL § 32-12-17.1; SL 2001, ch 171, §§ 20, 115; SL 2003, ch 272, § 23.
32-12-17.12. Registration with Selective Service as condition for obtaining certain licenses--Department to forward personal information to Selective Service--Application deemed consent to register with Selective Service.
No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a driver license, renewal, or duplicate pursuant to this chapter unless the applicant is registered, or consents to be registered as provided in this section, in compliance with the Military Selective Service Act, 50 U.S.C. App. 453, as amended to January 1, 2002.
The Department of Public Safety shall forward in an electronic format the necessary personal information required for registration of any applicant identified in this section to the United States Selective Service System. The applicant's submission of the application indicates that the applicant has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for such registration. The department shall notify the applicant on the application that his submission of the application serves as his consent to be registered with the Selective Service System if so required by federal law.
Source: SL 2002, ch 155, § 1; SL 2004, ch 17, § 132.
32-12-17.13. Social security number on driver license or nondriver identification card prohibited.
No driver license or nondriver identification card issued after June 30, 2005, may contain the social security number of the licensee.
Source: SL 2005, ch 166, § 1.
32-12-17.14. Either driver license or nondriver identification card held by same person to be marked as not acceptable for federal purposes.
A person may hold a South Dakota driver license and a South Dakota nondriver identification card. However, the person can only have one driver license or nondriver identification card that is acceptable by federal agencies for federal purposes. If a person holds both a driver license and a nondriver identification card, one of the documents shall be clearly marked as not acceptable by federal agencies for federal purposes.
Source: SL 2009, ch 154, § 11, eff. Dec. 31, 2009.
32-12-17.15. Veteran designation.
A designation that the licensee or card holder is a veteran shall be indicated on the license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card holder:
(1) Is an honorably discharged veteran having served in the armed forces of the United States;
(2) Has requested the designation on the license, permit, or nondriver identification card; and
(3) Has provided proof of the veteran's military service and honorable discharge by submitting the U.S. military DD Form 214, DD Form 2 (Retired), DD Form 2A (Reserve Retired), National Guard Form NGB 22, Uniformed Services ID Card (Retired), or a certificate signed by a county veterans service officer on a form prescribed by the South Dakota Department of Veterans Affairs.
Source: SL 2012, ch 167, § 3; SL 2014, ch 147, § 1; SL 2018, ch 199, § 1; SL 2023, ch 102, § 1.
32-12-17.16. Nondriver identification cards--Fee waiver--Applicants who are homeless.
The Department of Public Safety shall waive the fee one-time for an original nondriver identification card or a duplicate nondriver identification card if the applicant is homeless.
In order for the fee to be waived, the applicant must submit, with the application, an affidavit from a homeless services provider attesting that the applicant is homeless. The affidavit must be signed by an employee of the homeless service provider.
For the purposes of this section, the term "homeless" means an individual who:
(1) Lacks a fixed, regular, and adequate nighttime residence;
(2) Has a primary nighttime residence that is a place not ordinarily used as a regular sleeping accommodation for human beings; or
(3) Is living in a homeless shelter.
For the purposes of this section, "homeless services provider" means any government or nonprofit agency that provides a homeless shelter, housing assistance program, or homeless outreach or advocacy program.
Source: SL 2024, ch 115, § 1.
32-12-18. Surrender of previously issued license--Prohibition against more than one license--Temporary license issued when examination failed.
No person may apply for any driver license until the licensee surrenders to the Department of Public Safety all valid driver licenses in the licensee's possession issued to the licensee by this state or any other jurisdiction. All surrendered licenses issued by this state shall be canceled and all surrendered licenses issued by another jurisdiction shall be destroyed by the department. The issuing jurisdiction shall be notified that the licensee has applied for a driver license in a new jurisdiction. No person may have more than one valid driver license at any time. If any person, after having surrendered all valid driver licenses in that person's possession, fails to pass the test of that person's ability to read and understand highway signs regulating, warning, and directing traffic, and of that person's knowledge of the traffic laws of this state, then the Department of Public Safety shall issue a temporary permit which entitles the person to continue to drive for a period of thirty days. If an expired driver license is surrendered, the person shall take the knowledge test as required by § 32-12-4.
Source: SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (1); SL 1974, ch 218; SL 1989, ch 265, § 19; SL 1995, ch 178, § 2; SL 2001, ch 171, § 22; SL 2003, ch 272, § 23.
32-12-19. Temporary permit pending issuance of license.
The Department of Public Safety may issue a temporary permit allowing the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver license. The temporary permit shall be in that person's immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused.
Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (3); SL 1989, ch 265, § 20; SL 2001, ch 171, § 23; SL 2003, ch 272, § 23.
32-12-20. Cancellation of license to which not entitled--Surrender of canceled license.
The Department of Public Safety may cancel any driver license upon determining that the licensee was not entitled to the issuance thereof under this chapter or that the licensee failed to give the required or correct information or committed any fraud in making the application. Upon the cancellation, the licensee shall surrender the license so canceled to the department.
Source: SL 1959, ch 261, § 16; SDC Supp 1960, § 44.03B16; SL 1989, ch 265, § 21; SL 2001, ch 171, § 24; SL 2003, ch 272, § 23.
32-12-21. Privilege conferred by issuance of license--Authority of local governments.
Any person licensed under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and may not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.
Source: SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (2); SL 2001, ch 171, § 25.
32-12-22. Prohibition against driving without license--Misdemeanor.
No person, except those expressly exempted in §§ 32-12-22.1 to 32-12-28, inclusive, may drive any motor vehicle upon a highway in this state unless the person has a valid driver license under the provisions of this chapter. Any person convicted for a violation of this section is guilty of a Class 2 misdemeanor.
Source: SL 1953, ch 249, § 1; SL 1955, ch 187, § 1; SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (1); SL 1976, ch 191; SL 2001, ch 171, § 26.
32-12-22.1. License not required for operation of tractor or implement in farm operations--Operation within municipality prohibited after revocation or suspension of license.
Any person is exempt from license under this chapter while operating a farm tractor or implement of husbandry to or from the home farm buildings to or from any adjacent or nearby farmland for the exclusive purpose of conducting farm operations. However, no person whose license or driving privilege is under suspension or revocation pursuant to chapter 32-23 may operate a farm tractor or implement of husbandry upon the streets or highways within any municipality.
Source: SL 1973, ch 201; SL 2001, ch 171, § 107.
32-12-23. Government employees exempt from licensing requirement.
Any employee of the United States government possessing a valid driver license of the United States government or any other state is exempt from license under this chapter while operating a motor vehicle owned by or leased to the United States government and being operated on official business, unless the employee meets the qualifications established under § 32-12A-7.
Source: SL 1959, ch 261, § 2; SDC Supp 1960, § 44.03B02 (1); SL 1991, ch 252, § 3; SL 2001, ch 171, § 27.
32-12-24. Nonresident out-of-state licensee exempt from licensing requirement.
A nonresident who is at least sixteen years of age and who has in that person's immediate possession a valid operator's license or motorcycle operator's license issued by that person's home state or country may operate in this state any motor vehicle for which that person is licensed in the person's home state or country.
Source: SL 1959, ch 261, § 2; SDC Supp 1960, § 44.03B02 (2); SL 2001, ch 171, § 28.
32-12-26. Reciprocity respecting nonresident provisions.
The provisions of § 32-12-24 granting exemptions to any nonresident are operative only to the same extent that the laws of the state of the nonresident grant exemptions to residents of this state.
Source: SDC Supp 1960, § 44.03B02 as added by SL 1964, ch 128, § 1; SL 1989, ch 265, § 23.
32-12-26.1. Period of residency for purpose of licensing requirement.
Any person who has resided in this state for a period of ninety days is considered a resident for the purpose of being licensed to drive a motor vehicle under the laws of this state.
Source: SDC Supp 1960, § 44.03B02 as added by SL 1968, ch 174.
32-12-27. Military personnel, domestic volunteers, and dependents with out-of-state license exempt.
Any nonresident who is stationed in this state while in the military service of the United States or any nonresident who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident, and who has in that person's possession a valid driver license issued by that person's home state or country may operate a motor vehicle in this state.
Source: SL 1959, ch 261, § 32; SDC Supp 1960, § 44.03B29; SL 1975, ch 200, § 2; SL 1982, ch 18, § 23; SL 2001, ch 171, § 29.
32-12-28. Students in driver education class exempt from licensing requirement--Conditions attached to operation.
Any student enrolled in a driver education class which has been approved by the South Dakota Department of Education may drive a motor vehicle without a license under this chapter on a designated highway or within a designated area if such student is accompanied by an approved driver education instructor who is occupying a seat beside such student driver.
Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (2); SDC Supp 1960, § 44.03B02 (4) as added by SL 1966, ch 135, § 1; SL 1998, ch 186, § 7; SL 2003, ch 272, § 63.
32-12-29. Unlicensable persons--Minors under sixteen--Exceptions.
The Department of Public Safety may not issue any license under this chapter to any person who is under the age of sixteen years, except that the department may issue a restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit as provided in §§ 32-12-11 to 32-12-15, inclusive, 32-12-11.1, and 32-12-12.1, to any person who is at least fourteen years of age.
Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (1); SL 2001, ch 171, § 30; SL 2003, ch 272, § 23.
32-12-30. Unlicensable persons--Suspended or revoked license or privilege to drive--Exceptions--Out-of-state suspension.
The Department of Public Safety may not issue any license under this chapter to any person whose license or privilege to drive is suspended or revoked, except as provided in §§ 32-12-47.1 and 32-12-48. If the denial of a license is a result of an out-of-state suspension or revocation that is at least eight years old, the department may grant temporary driving privileges to drive on the highways of this state. The department may cancel temporary driving privileges at the end of sixty days if that person has not satisfied the out-of-state suspension or revocation.
Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (2); SL 1989, ch 265, § 24; SL 1996, ch 198; SL 2001, ch 171, § 31; SL 2003, ch 272, § 23.
32-12-31. Unlicensable persons--Habitual alcohol or drug user.
The Department of Public Safety shall not issue any license under this chapter to any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle.
Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (3); SL 2003, ch 272, § 23.
32-12-32. Unlicensable persons--Physical or mental capability--Promulgation of rules.
The Department of Public Safety may not issue any license under this chapter to any person who is physically or mentally incapable to drive. The Department of Public Safety may promulgate rules, pursuant to chapter 1-26, to establish criteria for determining an individual's physical or mental capability to drive.
Source: SL 1955, ch 187, § 8; SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (4); SL 1993, ch 213, § 218; SL 2003, ch 272, § 23.
32-12-33. Unlicensable persons--Failure to pass examination.
The Department of Public Safety shall not issue any license under this chapter to any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.
Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (5); SL 2003, ch 272, § 23.
32-12-34. Unlicensable persons--Failure to deposit proof of financial responsibility.
The Department of Public Safety shall not issue any license under this chapter to any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof.
Source: SL 1955, ch 187, § 8; SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (6); SL 2003, ch 272, § 23.
32-12-35. Unlicensable persons--Driving inimical to public safety or welfare.
The Department of Public Safety shall not issue any license under this chapter to any person when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare.
Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (7); SL 2003, ch 272, § 23.
32-12-36. Issuance of restricted license.
The Department of Public Safety upon issuing a driver license may impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (1); SL 1998, ch 186, § 5; SL 2001, ch 171, § 32; SL 2003, ch 272, § 23.
32-12-37. Special restricted license--Restrictions stated upon ordinary license.
The Department of Public Safety may either issue a special restricted license or may set forth such restrictions upon the usual license form.
Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (2); SL 2003, ch 272, § 23.
32-12-38. Violation of restriction--Suspension or revocation.
The Department of Public Safety may upon receiving satisfactory evidence of any violation of the restrictions imposed pursuant to § 32-12-36 suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter.
Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (3); SL 2003, ch 272, § 23.
32-12-39. Requirement that license be in possession of driver--Display of license--Violation as petty offense.
Each licensee shall have a driver license in the licensee's immediate possession at all times when operating a motor vehicle and shall display the driver license upon demand of a judge of a court of record, a magistrate, a peace officer, or a field deputy or inspector of the Department of Public Safety. Any person violating the provisions of this section commits a petty offense.
Source: SL 1959, ch 261, § 11; SDC Supp 1960, § 44.03B11; SL 1967, ch 203; SL 1974, ch 153, § 46; SL 2001, ch 171, § 35; SL 2003, ch 272, § 23.
32-12-40. Production of license in court--License expired for not more than thirty days--Postponement of sentencing pending renewal.
No judgment may be issued against a person charged with violating § 32-12-39, if the person produces in court, or the office of the officer making the demand, the person's valid driver license. If the driver license is expired for not more than thirty days prior to the time of the demand, the court, upon issuing judgment, shall postpone payment of the award for a period of thirty days, and if within such time the person produces in court a valid license or a validated receipt and temporary permit to show the issue of license is pending, the action shall be dismissed.
Source: SL 1959, ch 261, § 11; SDC Supp 1960, § 44.03B11; SL 1967, ch 203; SL 2001, ch 171, § 36.
32-12-41. Lost or destroyed license--Issuance of duplicate--Fee--Affidavit.
In the event that a license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of the required fee, obtain a duplicate, or substitute thereof, upon furnishing an affidavit to the Department of Public Safety that such license has been lost or destroyed.
Source: SL 1959, ch 261, § 13; SDC Supp 1960, § 44.03B13; SL 2003, ch 272, § 23.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 driving eight points
(3) Eluding/attempting to elude a police officer six points
(4) Drag racing six points
(5) Failure to yield right-of-way four points
(6) Improper passing four points
(7) Driving on wrong side of roadway four points
(8) Stop sign/light violation three points
(9) Other moving offenses two 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 the rate set pursuant to § 3-9-1 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; SL 2024, ch 20, § 13.
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.
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.
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.
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.
32-12-73. Permitting unauthorized minor to use vehicle--Violation as misdemeanor.
No person may cause or knowingly permit that person's child or ward under the age of eighteen years to drive a motor vehicle upon any highway when the minor 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, § 30; SDC Supp 1960, § 44.03B27; SL 2001, ch 171, § 67.
32-12-74. Unauthorized use of vehicle under restricted license--Misdemeanor.
It is a Class 2 misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed on the driver license issued to that person.
Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.9948-1; SL 1977, ch 189, § 98; SL 2001, ch 171, § 68.
32-12-75.1. False representation or nondisclosure to obtain license or nondriver identification card as misdemeanor--Suspension or disqualification of license.
Any person who makes a false statement or representation, or knowingly fails to disclose a material fact, in order to obtain a driver license or a nondriver identification card is guilty of a Class 1 misdemeanor and is subject to a minimum sixty-day suspension of that person's driver license and privileges. Each false statement or representation, or failure to disclose a material fact, constitutes a separate offense.
Source: SL 1983, ch 239, § 2; SL 1988, ch 255; SL 1991, ch 252, § 6; SL 2001, ch 171, § 69.
32-12-75.2. Counterfeiting, forging, or altering any driver license or nondriver identification card--Misdemeanor.
No person may counterfeit, forge, or alter, or may cause to be counterfeited, forged, or altered, any driver license or nondriver identification card issued by the department pursuant to this chapter. A violation of this section is a Class 2 misdemeanor. Each counterfeited, forged, or altered card constitutes a separate violation.
Source: SL 2005, ch 165, § 1.
32-12-75.3. Sale, offer for sale, or distribution of any counterfeited, forged, or altered driver license or nondriver identification card--Misdemeanor.
No person may sell, offer for sale, or distribute, for compensation or gratis, any counterfeited, forged, or altered driver license or nondriver identification card issued by the department pursuant to this chapter. A violation of this section is a Class 1 misdemeanor.
Source: SL 2005, ch 165, § 2.
32-12-116. Restrictions on issuing license to person in arrears for child support--Notice of intent to revoke license--Request for hearing--Promulgation of rules.
The Department of Public Safety may not issue or renew any license under this chapter to a person after receiving notice from the Department of Social Services that the person has support arrearages in the sum of one thousand dollars or more unless the person has made satisfactory arrangements with the Department of Social Services for payment of any accumulated arrearages. However, the Department of Public Safety may, upon the recommendation of the Department of Social Services, issue a temporary permit pursuant to § 32-12-19 pending the issuance of a license if the temporary permit is necessary for the licensee to work and if the Department of Social Services has determined that the licensee is making a good faith effort to comply with the provisions of this section.
The Department of Social Services may also serve a notice of intent to administratively revoke a license if the licensee has failed to comply with a written repayment agreement. The notice shall be mailed to the licensee's last known address and shall advise the licensee of the Department of Social Services' intent to seek administrative revocation of the license for failure to comply with the repayment agreement. The notice shall advise the licensee of all administrative due process rights, including the right to request a fair hearing pursuant to chapter 1-26 within ten days following service of the notice. If a licensee fails to request a hearing within ten days of service of the notice, the Department of Social Services may request the Department of Public Safety to revoke the license. If a licensee makes a timely request for a hearing, a hearing shall be provided pursuant to chapter 1-26. Upon entry of an administrative decision that determines that a licensee has failed to comply with the terms of a repayment agreement, the Department of Public Safety shall enter an order revoking the license.
The Department of Social Services may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section as they pertain to the functions of the Department of Social Services. The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section as they pertain to the functions of the Department of Public Safety.
Source: SL 1993, ch 232; SL 1994, ch 202, § 2; SL 1996, ch 167, § 2; SL 1998, ch 157, § 16; SL 2001, ch 171, § 104; SL 2003, ch 272, § 23.
32-12-125. Fees only used for operating driver licensing program.
Except for the portion of the fee used to administer the Division of Highway Patrol pursuant to § 32-12-16, all other fees collected pursuant to chapters 32-12 and 32-12A and credited to the state motor vehicle fund shall remain in the fund for the next fiscal year. These fees may only be used for purposes of operating the driver licensing program.
Source: SL 2015, ch 167, § 2.
32-12-126 . License applications and examination materials--Language.
For noncommercial driver licenses and permits, the Department of Public Safety shall:
(1) Provide the applications in Spanish and English;
(2) Provide the examination materials in Spanish and English; and
(3) Allow an applicant to take the written knowledge test in Spanish or English.
Any instructions given to the applicant during the driving test must be administered in English.
Source: SL 2020, ch 118, § 2, eff. Jan. 1, 2021.
