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Any person whose license or privilege to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may not have the license or privilege renewed or restored unless the period of revocation, suspension, or disqualification has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.