Driving on a Suspended License in South Dakota

Related Ads

Talk to a Criminal Defense Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Driving After Suspension or Revocation in South Dakota

In South Dakota, your driver’s license may be suspended or revoked for many reasons. You could be charged with a crime if you drive before your license has been reinstated.

Reasons for Suspension or Revocation

Your license may be suspended or revoked for many reasons, including accruing a certain number of points on your license, certain alcohol offenses, and other convictions.

Points-Based Suspensions

Like many states, South Dakota operates a points-based system for determining when your license may be suspended for certain moving violations. Points are assessed for violations such as reckless driving, drag racing, failure to yield, and other offenses. (S.D. Codified Laws § 32-12-49.1.) Your license may be suspended if you accumulate:

  • 15 points within 12 months, or
  • 22 points within 24 months. (S.D. Codified Laws § 32-12-49.2.)

Alcohol Offenses

Certain alcohol offenses will also result in your license being suspended or revoked. For example, if you refuse to submit to a chemical test to determine whether you are driving under the influence, your license may be revoked. (S.D. Codified Laws § 32-23-18.)

Certain criminal convictions may be grounds for suspension or revocation. For example, revocation may occur if you are convicted for reckless driving two or more times with in a year. (S.D. Codified Laws § 32-24-3.)

Other Reasons for Suspension or Revocation

Finally, your driving privileges may be withdrawn if you are not qualified to drive. The Department of Public Safety may require to you take an examination or be interviewed if it has reason to believe that you are not qualified to be licensed. If it determines that you are not qualified, or if you refuse, it may cancel or withdraw your driving privileges. (S.D. Codified Laws § 32-12-46.) Your license may be suspended or revoked for many other reasons.

Reinstating Your License

If your license has been suspended or revoked, you should not drive until you have reinstated your license. (S.D. Codified Laws § 32-12-47.1.) The reinstatement fee may range from $50 to $200, depending on the reason your license was suspended. (S.D. Codified Laws § 32-12.47.1.)

After your suspension or revocation has expired, you may need to apply for reinstatement fee plus an application fee. (S.D. Codified Laws § 32-12-47.1.) The application fee may be $20. (S.D. Codified Laws § 32-12-16.)

If your license was revoked, you may need to under go an examination before your license will be reinstated. (S.D. Codified Laws § 32-12.47.1.)

Criminal Charges for Driving on a Suspended or Revoked License

If you drive while your license is suspended or revoked, you may be charged with a Class 1 or Class 2 misdemeanor, depending on the circumstances.

If your license was suspended, you may be charged with a Class 2 misdemeanor. (S.D. Codified Laws § 32-12-65(2). The maximum sentence for a Class 2 misdemeanor may involve:

  • 30 days in jail, and
  • a $500 fine. (S.D. Codified Laws § 22-6-2-(2).)

If your license was revoked, you may be charged with a Class 1 misdemeanor. (S.D. Codified Laws § 32-12-65(1).) The maximum sentence for a Class 1 misdemeanor may involve:

  • one year in jail, and
  • a $2,000 fine. (S.D. Codified Laws § 22-6-2(1).)

If you are convicted of driving while your license is suspended or revoked, your driving privileges may suspended or revoked for a longer period of time. (S.D. Codified Laws § 32-12-66.) If it was suspended, your suspension period may be extended for an additional identical time period. (S.D. Codified Laws § 32-12-66.) If it was suspended, your license may be revoked for an additional year. (S.D. Codified Laws § 32-12-66.)

Legal Help for Driving on a Suspended or Revoked License

Consider consulting an attorney if you are charged with driving while your license is suspended or revoked. A conviction may result in fines or jail time. These serious consequences may cause problems with work or school, insurance, and other areas of your life. While the law provides specific maximum penalties for a conviction, your sentence will depend in part on the attitude of your local prosecutors and judges toward the crime. An attorney who is familiar with how these charges are handled in your area will be able to provide you with this information.

Updated by: , Attorney

Talk to a Defense Lawyer

Charged with a crime? Start here to find a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO6:DRU.1.6.1.20140626.27175