32-12-15. Permits issued on probationary basis--Suspension--Exception.

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 eighteenth birthday shall suspend the minor's driving privileges according to the following schedule:

(1)    A felony or Class 1 misdemeanor traffic conviction--suspension for one hundred eighty days or until the minor's eighteenth birthday whichever period is shorter or as otherwise required by law;

(2)    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)    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)    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 eighteenth birthday or for one hundred eighty days, whichever period is shorter, or as otherwise required by law; and

(5)    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 eighteenth birthday or for one hundred eighty days, whichever period is shorter, 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 shall 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.