Title 32 — MOTOR VEHICLES

The provisions of § 32-23-7 may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage. Source: SL 1949, ch 42 , § 2; SDC Supp 1960, § 44.0302-1 (4); SL …

32-23-10 Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest. 32-23-10.1 Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence. 32-23-10.2

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection …

For the purposes of §§ 32-24-11 to 32-24-16 , the following terms mean: (1) "Burnout," a maneuver performed while operating a motor vehicle whereby the motor vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction that causes the motor vehicl…

It is a Class 2 misdemeanor for any person to: (1) Drive any motor vehicle on a public highway in a race, speed competition or contest, acceleration race or contest, or exhibition of speed or acceleration, or to make a speed record; or (2) Participate in any manner in any race, c…

It is a Class 1 misdemeanor for any person to: (1) Drive any vehicle on a public highway in a race, speed competition or contest, acceleration race or contest, or exhibition of speed or acceleration, or to make a speed record, if the conduct is organized or occurs as a result of …

It is a Class 6 felony for any person to coordinate or facilitate, or collect money incident to any of the following involving the operation of a motor vehicle on a public highway: (1) A race; (2) A drag race; (3) An organized race prohibited by § 32-24-12 ; (4) A speed competiti…

If the driver of a motor vehicle used in violation of § 32-24-11 or 32-24-12 is unknown, the vehicle is subject to a civil penalty of one thousand dollars. Source: SL 2025, ch 129 , § 5.

The state's attorney for the county in which a violation of § 32-24-11 or 32-24-12 occurs may commence a civil in rem proceeding against the vehicle used in conjunction with the violation. If it is established by a preponderance of the evidence that the charged vehicle was used i…

The lien imposed under §§ 32-24-14 and 32-24-15 does not apply to a vehicle that, at the time of the violation, is leased, loaned, or being used without the owner's permission. The lien is subordinate to a perfected security interest or lien registered on the title at the time of…

The provisions of §§ 32-24-11 to 32-24-15 , inclusive, do not prohibit any person or motor vehicle from participating in, or any person from coordinating, facilitating, or collecting money incident to, a public or private race, competition, contest, or exhibition that is licensed…

The Transportation Commission, as established in chapter 1-44 , or local authorities, may exempt any person or motor vehicle from compliance with a traffic law if: (1) The driver or vehicle is participating in a race, competition, contest, or exhibition that is approved by the Tr…

Repealed by SL 2012, ch 169 , § 1.

If a conviction for a violation of § 32-24-1 is for a second or subsequent offense within a period of one year, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, order that the defendant's driving privilege be revoked for thirty days. H…

In any criminal case brought pursuant to the provisions of § 32-24-3 wherein the information alleges, in addition to the principal offense charged, a former conviction or convictions, such information shall be in two separate parts, each signed by the prosecutor. In the first par…

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-24-4 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his second part. There sh…

On a finding of guilty on the first part of the information described in § 32-24-4 , a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall …

32-24-8 Definition of careless driving--Misdemeanor. 32-24-9 Definition of exhibition driving--Misdemeanor. 32-24-10 Street racing--Definitions. 32-24-11 Street racing--General prohibition--Penalty. 32-24-12 Street racing--Organized racing prohibited--Penalty. 32-24-13 Street rac…

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amountin…

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or s…

Source: SL 1981, ch 247 ; SL 1995, ch 184 ; SL 1995, ch 185 ; SL 2004, ch 17 , § 142; SL 2011, ch 148 , § 1, eff. Mar. 3, 2011; SL 2020, ch 123 , § 1. 32-25-20. Repealed by SL 1989, ch 255 , § 119.

32-25-1.1 Maximum daytime speed--Violation as misdemeanor. 32-25-2

Except as provided by § 32-25-4 or pursuant to § 32-25-7 , no person may drive a vehicle upon a street or highway at a speed in excess of sixty - five miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SL 1941, ch 187 , § 2; SL 1959, ch 251 , § 1; SDC S…

The transportation commission may change the speed limit or the extent of any limited speed zone established under § 32-25-7 at any time it may deem necessary. Source: SL 1941, ch 187 , § 1; SL 1955, ch 168 ; SL 1959, ch 251 , § 1; SDC Supp 1960, § 44.0303 (5); SL 1985, ch 259 , …

In urban areas which are not zoned or posted as provided in § 32-25-7 , the maximum lawful speed shall be twenty - five miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0303 (5) to (7); SL 1941, ch 187 , § 1; SL 1955, ch 168 ; SL 1959, …

When approaching within fifty feet of a grade crossing of any railway when the driver's view is obstructed, the maximum speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last two hundred feet of his approach to such crossing he does no…

When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0303 (2); SL 1…

Municipalities and counties may establish posted school zones to regulate the traffic in the proximity of a school area. All traffic control devices used in school zones shall conform to a manual on traffic control for school areas adopted by the Department of Transportation. The…

When approaching within fifty feet of and when traversing an intersection of highways when the driver's view is obstructed the maximum lawful speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last fifty feet of his approach to such int…

It is a Class 2 misdemeanor to exceed any of the speed limitations contained in §§ 32-25-12 to 32-25-15 , inclusive. However, local authorities, in their respective jurisdictions, may increase the speed limits on through highways if vehicles are, by ordinance of such local author…

Local authorities shall place and maintain upon all through highways under their jurisdiction upon which the permissible speed is increased adequate signs giving notice of such special regulations. Local authorities shall also place and maintain upon each and every highway under …

The transportation commission upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway, or viaduct, and if it finds that such structure cannot with safety to itself withstand vehicles traveling at the s…

No person may drive any vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure when such structure is signposted as provided in §

Notwithstanding § 32-25-7 or chapter 1-26 , if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property, the secretary of tra…

32-25-3 Requirement that speed be reasonable and lawful under statutes--Violation as misdemeanor. 32-25-4 Maximum speed on interstate highways--Violation as misdemeanor. 32-25-5 Minimum speed on interstate highways--Violation--Exceptions. 32-25-5.1 Unreasonably slow speed prohibi…

32-25-21 Contents of complaint and summons for violation. 32-25-22 Punishment upon fourth or subsequent conviction--Cancellation of compensation plates--Duration of cancellation. 32-25-23 Repealed. 32-25-24

In every prosecution for violation of any of §§ 32-25-1.1 to 32-25-17 , inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at …

Upon a fourth or subsequent conviction of any person for driving a motor truck or trailer at a speed in excess of the limitations fixed by §§ 32-25-1.1 to 32-25-17 , inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the s…

Source: SL 1970, ch 175 , § 14, §§ 5, 8; SDCL Supp, § 32-25-26; SL 1991, ch 260 , § 1; SL 2025, ch 129 , § 11. 32-25-24. Repealed by SL 1991, ch 260 , § 2.

32-25-25 Repealed. 32-25-25.1 Nonprofit snowmobile racing exempt from speed provisions. 32-25-26

Source: SL 1970, ch 175 , § 14, § 7; SL 2025, ch 129 , § 12.

No provision of this chapter is applicable to a person driving or operating a snowmobile in a snowmobile race sponsored by a nonprofit organization duly organized under the laws of this state, provided such sponsoring nonprofit organization obtains the approval of the Department …

32-25-27 Low-speed vehicles. 32-25-28 Exceeding posted speed limit permitted under certain conditions. 32-25-1. Repealed by SL 1996, ch 207 , § 6.

No low-speed vehicle may be operated on any highway where the speed limit is more than thirty-five miles per hour. Nothing in this section prevents a local government from adopting more stringent local ordinances governing low-speed vehicle operation. Source: SL 2008, ch 147 , § …

The speed limit is increased by ten miles per hour over the posted speed limit, if a person is driving a vehicle that is: (1) On a two-lane highway that has one lane for each direction of travel; (2) On a highway with a posted speed limit that is equal to or exceeds sixty-five mi…

It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Comm…

Except as provided pursuant to § 32-25-7 , no person may drive a vehicle upon the national system of interstate highways at a speed in excess of eighty miles per hour. A violation of this section is a Class 2 misdemeanor. Source: SDC Supp 1960, § 44.0303 (7) as added by SL 1963, …

It is a Class 2 misdemeanor at any time for a person to drive or operate a motor vehicle upon the national system of interstate highways at a speed less than forty miles per hour unless the vehicle is operated pursuant to a permit, issued by the Department of Public Safety. This …

No person may drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175 ,…

If the transportation commission within its respective jurisdiction determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission may adopt rules sett…