Title 32, MOTOR VEHICLES

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 identificatio…

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 r…

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. …

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 phys…

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); S…

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 S…

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 ,…

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…

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.

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: S…

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 Depa…

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 highwa…

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 accor…

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.

Any person operating a low-speed vehicle shall hold a valid driver's license. Source: SL 2008, ch 147 , § 6.

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 t…

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 t…

An 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 …

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…

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, …

A valid operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit is not subject to the one hundred eighty-day renewable period in § 32-12-42 and may be renewed at any t…

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, ex…

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 …

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 …

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…

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 con…

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 chapte…

Any individual 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 be…

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 revo…

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 n…

If a defendant is convicted under § 32-23-2 , 32-23-3 , 32-23-4 , 32-23-4.6 , 32-23-4.7 , or 32-23-4.9 , the period of revocation begins on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the conclusion of th…

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…

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 po…

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, o…

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 suspe…

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 p…

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 …

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 suspen…

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…

Upon a first conviction or a first adjudication of delinquency for any violation, while in a vehicle, of § 22-42-5 , 22-42-5.1 , 22-42-6 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42A-3 , or 22-42A-4 , the court shall revoke the driver license or driving privilege of the individual convi…

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…

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 requir…

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 …

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 Safe…

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 t…

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 offen…