(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your South Dakota driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

There are a variety of reasons why your South Dakota driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a South Dakota driver’s license to be suspended or revoked.

• Driving Under the Influence. Your South Dakota driver’s license will be automatically suspended if you are found guilty of driving under the influence of alcohol or drugs. Additionally, refusal to submit to a drug or alcohol test when asked by a police officer will result in suspension.
• Excessive Moving Violations. The state of South Dakota operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 15 or more points on your current driver record in a 12-month period, or 22 points in a 2-year period your license may be suspended. The 1st time your license is suspended you will lose your driving privileges for up to 60 days, the 2nd time, your license will be suspended for up to 6 months and for any subsequent suspensions the period can be up to 1 year.
• Driving while Suspended. Driving while your license has been suspended, revoked, cancelled or denied is a serious offense and your suspension period will be increased by the same period as the original suspension.
• Supplying False Information. Supplying false information to obtain a driving license, using another person’s license or attempting to change the information on your driver license will also result in license suspension.
• Driving without Insurance. All motor vehicles driven in South Dakota must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations. Your South Dakota driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification. The DMV can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension. A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.
• Age-Restricted Licenses: Drivers aged 16 years old and 17 years old must adhere to specific restrictions on their driver licenses. Any violations of these restrictions will result in a license suspension of 30 days for each violation. Reinstatement fees do NOT apply for suspensions of permits or restricted licenses, unless the violation was assessed 6 or more points.
• Driver Permit Suspensions: Any moving violation for a minor under 16 years old will automatically result in a suspension of the permit. The 1st violation will result in a suspension of 30 days. The 2nd violation will result in a suspension of 90 days or until the driver turns 16 years old, whichever is longer.

Having your South Dakota driver’s license suspended is a serious matter and it is crucial to adhere to State law in the event that your license is suspended. You must surrender you license to the Department of Motor Vehicles as soon as you are informed of license suspension, in order that the date you will be eligible to apply for reinstatement can be determined. You may be eligible for a restricted driver license, which enables you to drive under certain restrictions imposed by the Department. Call (800) 952-3696 to check if you are eligible. If so, you must complete the application form (Work Permit Restricted Work Permit Application) and mail it to:

Driver Licensing

118 West Capitol Ave.

Pierre, SD 57501-2000

If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer.

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

If you receive a suspension notice from the DMV, and you wish to challenge the suspension, you may request a hearing in court. An administrative law judge will hear your case, and determine whether your driver’s license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program may remove points from the current driving record, and in some cases can enable an individual to avoid having his license suspended. It is a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

The following fees will be assessed when you apply to get your SD driver license back after a suspension or revocation:

• Driver license fee: $20 (if your license was revoked).
• License renewal fee: $20 (if your license expired while suspended).
• Reinstatement fees: $50 to $200.
• Motor vehicle report (South Dakota driving record): $5.

You can pay your fees by cash, check, or money order. Credit and debit cards are NOT accepted.

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your South Dakota commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in South Dakota or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges. You can have your license suspended for any of the violation types:

Major Offenses:

In South Dakota, the following major offenses will lead to CDL disqualification, whether they are committed in a commercial vehicle (CMV) or a non-CMV:

• Driving with a blood alcohol concentration (BAC) higher than the legal limit (0.04% in a CMV).
• Refusing to take a test for BAC when asked by law enforcement.
• Leaving an accident scene.
• Use of a CMV to commit a felony, including the manufacturing and distributing of a controlled substance. (This warrants a lifetime disqualification.)
• Negligent commercial vehicle operation that leads to a
• Operating a CMV when you have a disqualified, suspended, or revoked CDL.

Major Offense Penalties:

• 1st violation: Disqualification for 1 year.
• 3 years if you were transporting hazardous materials in your CMV.
• 2nd violation: Lifetime disqualification.

If your CDL is disqualified for life, the state may award reinstatement after 10 years. However, if you are found to have committed a major violation after your reinstatement, you will receive a permanent and irreversible disqualification.

Serious Traffic Violations:

• Excessive speeding.
• Driving recklessly.
• Improperly changing lanes.
• Following other vehicles too closely.
• Failing to yield the right of way.
• Causing a fatal accident by the violation of any motor vehicle traffic control law (other than a parking violation).
• Operating a CMV without having obtained a CDL, without having a CDL on you, or with a CDL that lacks the proper endorsements.

Serious Traffic Violation Penalties:

• 2nd violation within 3 years: suspension for 60 days.
• 3rd violation within 3 years: suspension for 120 days.

Railroad Crossing Violations:

• Failing to slow and check that the tracks are clear.
• Failing to stop when required.
• Driving across the tracks when sufficient space for the CMV is not available.

Railroad Crossing Violation Penalties:

• 1st violation: minimum 60-day suspension.
• 2nd violation within 3 years: minimum 120-day suspension.
• 3rd violation and any subsequent violations within 3 years: minimum 1-year suspension.

Out-of-Service Violation Penalties:

If you violate an out-of-service order, you face the following disqualifications:

• 1st violation: minimum 90-day suspension.
• 2nd violation: minimum 1-year suspension.
• 3rd violation (or additional violations): minimum 3-year suspension.

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

Reinstatement fees for all licenses in South Dakota, including CDL, range from $50 to $200.

You are also subject to fines associated with a court conviction and application fees for new licenses. To ask about your specific fee, call your local South Dakota DPS office.