South Dakota Traffic Laws: Points, Tickets, License Suspension and DUI
South Dakota driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for South Dakota
- Point system
- Yes. Points are assessed for moving traffic convictions (for example: driving while intoxicated 10, reckless driving 8, eluding police or drag racing 6, failure to yield, improper passing or driving on the wrong side 4, stop sign or light violation 3, other moving offenses 2). SDCL §§ 32-12-49.1, 32-12-49.2, 32-12-49.3
- Legal BAC limit
- 0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor. SDCL §§ 32-23-1, 32-23-21
- First-offense DUI penalties
- A first DUI is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine). The court must revoke the license for at least 30 days and may extend the revocation or restrict driving for up to one year. SDCL §§ 32-23-2, 22-6-2
Last verified: 2026-10-27
Tickets and points
| Point system | Yes. Points are assessed for moving traffic convictions (for example: driving while intoxicated 10, reckless driving 8, eluding police or drag racing 6, failure to yield, improper passing or driving on the wrong side 4, stop sign or light violation 3, other moving offenses 2). A driver is subject to suspension after 15 points within any 12 consecutive months or 22 points within any 24 consecutive months. Based on the record over the last 48 months, a first suspension is 60 days, a second is six months, and later ones are one year. |
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| How long points last | Points count toward suspension when they accumulate within 12 or 24 consecutive months. In deciding whether to suspend or revoke a license under the general suspension statute, the department may not consider any offense more than four years old. How long convictions remain on the driving record itself was not confirmed. Source: SDCL §§ 32-12-49.2, 32-12-49 |
| Paying or looking up a ticket online | Pay court fines, costs and fees by debit or credit card through UJS ePay (ujsepay.sd.gov). You can pay the full amount, a minimum of $25 (unless the balance is less), or any amount in between. ePay shows whether a case can be paid online, whether you need to contact the Clerk of Courts, or whether there is an active warrant; cases with an active warrant cannot be paid online, and new cases may take up to 14 days to appear. All fines and costs are due by the date on the ticket, or the date of sentencing if you had to appear in court. If you cannot pay in full by the due date, you can ask the court for an extension and then set up and sign a payment plan at the Clerk of Courts office. |
License suspension
| License suspension | After an opportunity for a hearing, the Department of Public Safety may suspend, revoke, or cancel a license for reasons including: a conviction that requires mandatory suspension or revocation, repeated traffic violations under the point system, physical or mental incompetence, an out-of-state offense that would be grounds in South Dakota, failing to pay a fine or comply with the terms of a citation (in South Dakota or a Nonresident Violator Compact state), and false statements on a license application. Insurance-related suspensions and reinstatement fees were not confirmed. Source: SDCL § 32-12-49 |
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| Hardship or restricted license | After a first DUI, the court may, with proof of financial responsibility, allow driving for work, 24/7 sobriety testing, school, child care drop-off or pickup, health appointments, court or probation appointments, and counseling or treatment. For a second offense, similar limited driving may be allowed after completing a court-approved chemical dependency program. For other suspensions, the Secretary of Public Safety may issue a restricted license to drive to and from work, for work, or to attend school. |
DUI / DWI
| Legal BAC limit | 0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor. The commercial driver limit was not confirmed. Source: SDCL §§ 32-23-1, 32-23-21 |
|---|---|
| First-offense DUI penalties | A first DUI is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine). The court must revoke the license for at least 30 days and may extend the revocation or restrict driving for up to one year. Ignition interlock or 24/7 sobriety requirements for a first offense were not confirmed. Source: SDCL §§ 32-23-2, 22-6-2 |
| When a DUI is a felony | In South Dakota, a 3rd DUI offense is a Class 6 felony, a 4th is a Class 5 felony, and a 5th or later is a Class 4 felony. Each comes with a mandatory license revocation: at least 1 year for a 3rd, 2 years for a 4th, and 3 years for a 5th or later. Prior DUI convictions count only if they occurred within 10 years before the new violation, and time spent incarcerated for an earlier violation is not counted toward the 10 years. |
| Refusing a breath test | Anyone who drives in South Dakota is considered to have consented to chemical testing. A person facing revocation for refusing testing may request a hearing within 120 days of arrest; if the refusal is upheld, the license is revoked for one year. The Secretary of Public Safety decides whether the person may drive for employment. A driver under 21 who pleads guilty to the under-21 offense before a revocation order is issued is not subject to the refusal revocation. |
| DUI lookback period | Ten years. A prior DUI conviction more than ten years before the current violation generally cannot be used to make the current charge a second or later offense (time spent incarcerated for a prior violation is not counted toward the ten years). A second offense is a Class 1 misdemeanor, a third is a Class 6 felony, and a fourth is a Class 5 felony. |
| How long a DUI stays on your record | For counting repeat offenses, South Dakota uses a 10-year lookback. A DUI more than 10 years before the new violation cannot be used to make it a 2nd, 3rd or later offense, except as allowed under SDCL 32-23-4.9. Time the person spent incarcerated for an earlier violation is not counted toward the 10 years. Source: SDCL 32-23-4.1 |
| Sobriety checkpoints | Legal and used. The South Dakota Highway Patrol conducts monthly sobriety checkpoints, funded by the South Dakota Office of Highway Safety and run with help from local law enforcement agencies, to discourage impaired driving. For example, it announced checkpoints in 17 counties for June 2026. |
Phones and distracted driving
| Phone and texting laws | Drivers may not use a mobile electronic device while operating a motor vehicle (a Class 2 misdemeanor). Exceptions include emergency use, GPS navigation (but not manually entering information), dialing or selecting a number or name to make or take a phone call and using the device for the call, and voice-operated or hands-free use. Accessing, reading, or posting to social networking sites while driving is also a Class 2 misdemeanor. Source: SDCL §§ 32-26-47.1, 32-26-47.2 |
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Traffic Tickets & DUI FAQ
How does the driver point system work in South Dakota?
Yes. Points are assessed for moving traffic convictions (for example: driving while intoxicated 10, reckless driving 8, eluding police or drag racing 6, failure to yield, improper passing or driving on the wrong side 4, stop sign or light violation 3, other moving offenses 2). A driver is subject to suspension after 15 points within any 12 consecutive months or 22 points within any 24 consecutive months. Based on the record over the last 48 months, a first suspension is 60 days, a second is six months, and later ones are one year.
How long do points stay on your license in South Dakota?
Points count toward suspension when they accumulate within 12 or 24 consecutive months. In deciding whether to suspend or revoke a license under the general suspension statute, the department may not consider any offense more than four years old.
How do I pay or look up a traffic ticket online in South Dakota?
Pay court fines, costs and fees by debit or credit card through UJS ePay (ujsepay.sd.gov). You can pay the full amount, a minimum of $25 (unless the balance is less), or any amount in between. ePay shows whether a case can be paid online, whether you need to contact the Clerk of Courts, or whether there is an active warrant; cases with an active warrant cannot be paid online, and new cases may take up to 14 days to appear. All fines and costs are due by the date on the ticket, or the date of sentencing if you had to appear in court. If you cannot pay in full by the due date, you can ask the court for an extension and then set up and sign a payment plan at the Clerk of Courts office.
What gets your license suspended in South Dakota?
After an opportunity for a hearing, the Department of Public Safety may suspend, revoke, or cancel a license for reasons including: a conviction that requires mandatory suspension or revocation, repeated traffic violations under the point system, physical or mental incompetence, an out-of-state offense that would be grounds in South Dakota, failing to pay a fine or comply with the terms of a citation (in South Dakota or a Nonresident Violator Compact state), and false statements on a license application.
What is the legal blood alcohol limit in South Dakota?
0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor.
What is the penalty for a first DUI in South Dakota?
A first DUI is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine). The court must revoke the license for at least 30 days and may extend the revocation or restrict driving for up to one year.
What happens if you refuse a breathalyzer in South Dakota?
Anyone who drives in South Dakota is considered to have consented to chemical testing. A person facing revocation for refusing testing may request a hearing within 120 days of arrest; if the refusal is upheld, the license is revoked for one year. The Secretary of Public Safety decides whether the person may drive for employment. A driver under 21 who pleads guilty to the under-21 offense before a revocation order is issued is not subject to the refusal revocation.
How long does a DUI count as a prior offense in South Dakota?
Ten years. A prior DUI conviction more than ten years before the current violation generally cannot be used to make the current charge a second or later offense (time spent incarcerated for a prior violation is not counted toward the ten years). A second offense is a Class 1 misdemeanor, a third is a Class 6 felony, and a fourth is a Class 5 felony.
Can you get a hardship license in South Dakota?
After a first DUI, the court may, with proof of financial responsibility, allow driving for work, 24/7 sobriety testing, school, child care drop-off or pickup, health appointments, court or probation appointments, and counseling or treatment. For a second offense, similar limited driving may be allowed after completing a court-approved chemical dependency program. For other suspensions, the Secretary of Public Safety may issue a restricted license to drive to and from work, for work, or to attend school.
Is it illegal to hold your phone while driving in South Dakota?
Drivers may not use a mobile electronic device while operating a motor vehicle (a Class 2 misdemeanor). Exceptions include emergency use, GPS navigation (but not manually entering information), dialing or selecting a number or name to make or take a phone call and using the device for the call, and voice-operated or hands-free use. Accessing, reading, or posting to social networking sites while driving is also a Class 2 misdemeanor.
Is a DUI a felony in South Dakota?
In South Dakota, a 3rd DUI offense is a Class 6 felony, a 4th is a Class 5 felony, and a 5th or later is a Class 4 felony. Each comes with a mandatory license revocation: at least 1 year for a 3rd, 2 years for a 4th, and 3 years for a 5th or later. Prior DUI convictions count only if they occurred within 10 years before the new violation, and time spent incarcerated for an earlier violation is not counted toward the 10 years.
How long does a DUI stay on your record in South Dakota?
For counting repeat offenses, South Dakota uses a 10-year lookback. A DUI more than 10 years before the new violation cannot be used to make it a 2nd, 3rd or later offense, except as allowed under SDCL 32-23-4.9. Time the person spent incarcerated for an earlier violation is not counted toward the 10 years.
Are DUI checkpoints legal in South Dakota?
Legal and used. The South Dakota Highway Patrol conducts monthly sobriety checkpoints, funded by the South Dakota Office of Highway Safety and run with help from local law enforcement agencies, to discourage impaired driving. For example, it announced checkpoints in 17 counties for June 2026.
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