{
 "slug": "south-dakota",
 "importedOn": "2026-08-29",
 "verified": true,
 "agencyName": "South Dakota Department of Public Safety, Driver Licensing (24/7 Sobriety Program administered by the Office of the Attorney General)",
 "firstOffenseIidNote": "South Dakota has no statute mandating an ignition interlock for a first DUI. Under SDCL § 32-23-2 the court must revoke the license for at least 30 days and 'may, in its discretion, issue an order, upon proof of financial responsibility pursuant to § 32-35-113, permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing, ...' and may 'restrict the privilege in any manner it sees fit for a period not to exceed one year.' Under § 32-23-23 any such court-issued permit is conditioned on total abstinence and participation in the 24/7 sobriety program (where available) if the person had a prior § 32-23-1 conviction within ten years or a BAC of 0.17 or more. An ignition interlock device is one of six testing methods a 24/7 participant may be placed on under ARSD 2:06:02:03(5), 'if a device is available from a vendor for attachment on the participant's vehicle, the participant possesses a valid driver's license or work permit, and the participant has proof of financial responsibility.' Refusal revocations under § 32-23-11 carry a separate DPS work-permit process.",
 "sr22Note": "SR-22 ('proof of financial responsibility for the future'). SDCL § 32-35-43 applies the future-proof requirement to any person convicted of § 32-23-1 (DUI); § 32-12-48 conditions DUI reinstatement on future proof being 'filed with the Department of Public Safety as required by chapter 32-35'; § 32-35-65 provides the proof may be an insurer's certificate. DPS states that a driver whose license was revoked or suspended following a DUI 'must establish proof of financial responsibility for the future' and that 'Most motorists provide proof of financial responsibility for the future by obtaining a SR22 insurance filing.' Duration: § 32-35-95(1) allows the department to cancel the filing 'at any time after three years from the date such proof was required' if no further qualifying conviction occurred; DPS's page states three years expressly only for a no-insurance conviction.",
 "evidence": {
  "agencyName": {
   "url": "https://atg.sd.gov/docs/247ParticipationAgreementInterlockDPS.pdf",
   "quote": "SOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY DRIVER LICENSING ... 24/7 SOBRIETY PROGRAM PARTICIPATION AGREEEMENT (IGNITION INTERLOCK TESTING)"
  },
  "agencyName_ag": {
   "url": "https://sdlegislature.gov/api/Statutes/1-11-17.html",
   "quote": "There is hereby established a statewide 24/7 sobriety program to be administered by the Office of the Attorney General."
  },
  "statuteCitation": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-23.html",
   "quote": "Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 shall be conditioned on the person's total abstinence from the use of alcohol, the person's participation in the 24/7 sobriety program created by §§ 1-11-17 to 1-11-25"
  },
  "statuteUrl": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-23.html",
   "quote": "32-23-23. Driving permit issued to certain persons conditioned on abstinence from alcohol use and participation in 24/7 sobriety program--Revocation for violation of condition."
  },
  "firstOffenseIid": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-2.html",
   "quote": "the court must revoke the person's driver license for not less than thirty days. The court may, in its discretion, issue an order, upon proof of financial responsibility pursuant to § 32-35-113, permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing"
  },
  "firstOffenseIidNote": {
   "url": "https://sdlegislature.gov/api/Rules/Rule/02:06:02:03.html?all=true",
   "quote": "(5) Ignition interlock device, if a device is available from a vendor for attachment on the participant's vehicle, the participant possesses a valid driver's license or work permit, and the participant has proof of financial responsibility"
  },
  "firstOffenseIidNote_conditions": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-23.html",
   "quote": "(1) The person had a previous conviction for a violation of § 32-23-1 within the last ten years; or (2) That the person had a 0.17 percent or more by weight of alcohol in that person's blood at the time the violation occurred."
  },
  "iidDurationFirst": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-2.html",
   "quote": "The court may also order the revocation of the person's driving privilege for a further period not to exceed one year or restrict the privilege in any manner it sees fit for a period not to exceed one year."
  },
  "iidDurationRepeat": {
   "url": "https://sdlegislature.gov/api/Statutes/32-23-3.html",
   "quote": "Upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing"
  },
  "sr22Required": {
   "url": "https://www.sd.gov/dps?id=kb_article_view&sysparm_article=KB0043742",
   "quote": "Any operator who has had his license revoked or suspended following a judgment, a conviction for no insurance, vehicular homicide, DUI or second offense reckless driving in a one-year period must establish proof of financial responsibility for the future before he may drive"
  },
  "sr22Required_statute": {
   "url": "https://sdlegislature.gov/api/Statutes/32-35-43.html",
   "quote": "requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply to any person who has been convicted of or forfeited bail for a violation of §§ 22-16-41, 32-23-1, 32-24-3, 32-35-113, and 32-35-120"
  },
  "sr22Required_reinstatement": {
   "url": "https://sdlegislature.gov/api/Statutes/32-12-48.html",
   "quote": "At the conclusion of the period of revocation ordered by the court, and if future proof is filed with the Department of Public Safety as required by chapter 32-35, the defendant may submit an application to reinstate the defendant's driver license"
  },
  "sr22Years": {
   "url": "https://sdlegislature.gov/api/Statutes/32-35-95.html",
   "quote": "(1) At any time after three years from the date such proof was required when during the three - year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license"
  },
  "sr22Note": {
   "url": "https://www.sd.gov/dps?id=kb_article_view&sysparm_article=KB0043742",
   "quote": "Most motorists provide proof of financial responsibility for the future by obtaining a SR22 insurance filing from their automobile insurance company."
  },
  "reinstatementFee": {
   "url": "https://sdlegislature.gov/api/Statutes/32-12-47.1.html",
   "quote": "(a) If revocation of the license was a result of a conviction for a violation of § 32-23-2, one hundred dollars;"
  },
  "reinstatementFee_repeat": {
   "url": "https://sdlegislature.gov/api/Statutes/32-12-47.1.html",
   "quote": "(c) If revocation of the license was a result of a conviction for a violation of § 32-23-3, one hundred fifty dollars; (d) If revocation of the license was a result of a conviction for a violation of § 32-23-4, 32-23-4.6, or 32-23-4.7, two hundred dollars;"
  },
  "reinstatementFee_dps": {
   "url": "https://www.sd.gov/dps?id=kb_article_view&sysparm_article=KB0043708",
   "quote": "*Reinstatement Fees $75 to $225 *Reinstatement fees vary depending on your personal circumstances."
  },
  "costNotes[0]": {
   "url": "https://sdlegislature.gov/api/Statutes/32-12-48.html",
   "quote": "(1) If revocation of the license was a result of a conviction under § 32-23-2, one hundred dollars; (2) If revocation of the license was a result of a conviction under § 32-23-3, one hundred fifty dollars;"
  },
  "costNotes[1]": {
   "url": "https://sdlegislature.gov/api/Rules/Rule/02:06:03.html?all=true",
   "quote": "(1) A participant submitting to electronic alcohol monitoring device testing, ignition interlock device testing, or mobile breath alcohol testing shall pay one dollar for each day the participant is on the program"
  },
  "costNotes[1]_cap": {
   "url": "https://sdlegislature.gov/api/Statutes/1-11-32.html",
   "quote": "Each participant in the 24/7 sobriety program shall pay a participation fee of not more than three dollars per day."
  },
  "costNotes[2]": {
   "url": "https://sdlegislature.gov/api/Rules/Rule/02:06:03.html?all=true",
   "quote": "2:06:03:05. Ignition interlock device fees. A participant submitting to ignition interlock device testing shall pay an enrollment fee of $40. The participant shall also pay a monitoring fee of $20 for each periodic inspection that occurs pursuant to § 2:06:02:02.02."
  },
  "costNotes[3]": {
   "url": "https://sdlegislature.gov/api/Statutes/1-11-30.html",
   "quote": "the participant shall pay an enrollment fee in the amount of not more than fifty dollars at the time of enrollment and monitoring fees in the amount of not more than twenty dollars at intervals to be set by the attorney general."
  },
  "costNotes[4]": {
   "url": "https://sdlegislature.gov/api/Statutes/1-11-30.html",
   "quote": "A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participant."
  },
  "vendorRequirement": {
   "url": "https://sdlegislature.gov/api/Rules/Rule/02:06:02.html?all=true",
   "quote": "The participant shall provide documentation that a selected device was obtained from a manufacturer's authorized vendor, installed in accordance with the manufacturer's directions, and is in proper working order"
  },
  "dpsAgreementFees": {
   "url": "https://atg.sd.gov/docs/247ParticipationAgreementInterlockDPS.pdf",
   "quote": "all participation fees and the rates and amounts set by administrative rule, currently set at $1.00 per day. ... The enrollment fee is $40.00 and the current periodic inspection fee is $20.00 for each inspection."
  }
 },
 "approvedVendorNamesAsListed": [],
 "license": "CC BY 4.0",
 "methodology": "https://wheelsback.com/methodology/",
 "page": "https://wheelsback.com/south-dakota/"
}