South Dakota ignition interlock & DUI requirements
South Dakota does not mandate an ignition interlock for every first DUI: a court may order one, or it is required to obtain a restricted license during the suspension.
Ignition interlock device rules, approved vendors, SR-22 insurance filing, and license reinstatement in South Dakota, cited to the statute and South Dakota Department of Public Safety, Driver Licensing (24/7 Sobriety Program administered by the Office of the Attorney General).
- IID on first offense
- Court's discretion
- Minimum IID period (first)
- Not fixed by statute
- SR-22 filing
- Required · 3 years
The short answers
Do I need an interlock?
- First offense
- At the court's discretion
- Minimum period
- Not fixed by statute
What the source says (2)
- First offense
“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”
- Minimum period
“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.”
What it costs here
- State reinstatement fee
- $100
- Interlock lease, national range
- $50–$150 per month
What the source says (3)
- State reinstatement fee
“(a) If revocation of the license was a result of a conviction for a violation of § 32-23-2, one hundred dollars;”
- reinstatementFee_repeat
“(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
“*Reinstatement Fees $75 to $225 *Reinstatement fees vary depending on your personal circumstances.”
How to drive legally now
- Restricted license
- Available in some first-offense cases · Restricted Work/School Permit
- Hearing-request deadline
- 120 days from the notice
- Driving after a DUI in South Dakota: the restricted license
- How to get a license back in South Dakota
- Date the hearing deadline with the timeline calculator
What the source says (2)
- Restricted license
“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, attendance at school, child care delivery or pickup, health appointments”
- Hearing-request deadline
“Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26 , within one hundred twenty days of arrest.”
Approved interlock providers
Vendors listed here appear on the South Dakota licensing agency's approved-device list. Listing order is alphabetical and is not a ranking or endorsement. Installation locations are on each vendor's own locator.
South Dakota publishes no approved ignition-interlock device or vendor list. An interlock is one testing option under the 24/7 Sobriety Program (ARSD 2:06:02:03(5)), and the rules require only that the device be installed by a manufacturer's authorized vendor; no list appears on atg.sd.gov, sd.gov/dps, or in ARSD 2:06.
Where to get it installed — the official approved-installer list: none published by the state
What South Dakota law requires
South Dakota's ignition interlock, SR-22, and reinstatement rules are set by the statute and agency rules cited below. The values in the tables on this page are taken from those sources and are not interpretations of how they apply to any particular case.
Primary source: S.D. Codified Laws § 32-23-23
Ignition interlock requirement
| Item | South Dakota rule |
|---|---|
| IID on first offense | At the court's discretion |
| Minimum IID period, first offense | Not fixed by statute; any interlock/24/7 condition is set by the court as a permit condition (§ 32-23-2 restrictions may not exceed one year) |
| Minimum IID period, repeat offense | Not fixed by statute; court-set after a second offense (§ 32-23-3: revocation of not less than one year; driving may be permitted upon completion of a court-approved chemical dependency program and proof of financial responsibility) |
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.
What the source says (6)
- IID on first offense
“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”
- Minimum IID period, first offense
“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.”
- Minimum IID period, repeat offense
“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”
- Ignition interlock statute
“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”
- IID on first offense
“(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
“(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.”
SR-22 requirement
An SR-22 is a certificate an insurer files with the state to confirm that a driver carries the liability coverage the state requires. Some states use an FR-44 or a different form for alcohol-related offenses; where South Dakota does, the sources below say so.
| SR-22 filing required after a DUI | Yes |
|---|---|
| Filing period | 3 years |
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.
What the source says (3)
- SR-22 filing required after a DUI
“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”
- Filing period
“(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”
- SR-22 requirement
“Most motorists provide proof of financial responsibility for the future by obtaining a SR22 insurance filing from their automobile insurance company.”
Program costs
Fees set by the state are cited to the fee schedule. Vendor charges vary by vendor and are shown as published ranges with the month they were checked.
| Item | Amount | As of |
|---|---|---|
| License reinstatement fee | $100 | 2026-08-29 |
| Driver license reinstatement fee after revocation for first-offense DUIsecond offense $150; third or subsequent $200; DPS states reinstatement fees range from $75 to $225 and an application fee also applies(SDCL § 32-12-47.1(1)(a); § 32-12-48(1)) | $100 | 2026-08 |
| 24/7 Sobriety Program participation fee for ignition interlock testing (ARSD 2:06:03:06(1); SDCL § 1-11-32 caps it at $3 per day) | $1 per day | 2026-08 |
| 24/7 ignition interlock enrollment fee (ARSD 2:06:03:05; SDCL § 1-11-30 caps it at $50) | $40 | 2026-08 |
| 24/7 ignition interlock monitoring fee for each periodic inspection (ARSD 2:06:03:05; SDCL § 1-11-30 caps it at $20) | $20 per inspection | 2026-08 |
| Device installation/lease costs are paid directly to the authorized vendor under a contract between vendor and participant; not a state-set fee(SDCL § 1-11-30) | set by vendor | 2026-08 |
What the source says (3)
- License reinstatement fee
“(a) If revocation of the license was a result of a conviction for a violation of § 32-23-2, one hundred dollars;”
- License reinstatement fee
“(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;”
- License reinstatement fee
“*Reinstatement Fees $75 to $225 *Reinstatement fees vary depending on your personal circumstances.”
Exemptions and special cases
Four questions readers ask once an interlock is ordered — motorcycles, employer vehicles, medical inability to give a breath sample, and reduced-cost programs — answered as South Dakota's interlock program page or statute states them.
| Question | South Dakota rule |
|---|---|
| Motorcycles | Not addressed on the official pages read South Dakota has no DUI ignition-interlock mandate; the interlock exists only as one of six testing options in the Attorney General's 24/7 Sobriety Program (ARSD 2:06:02:03), which a court may attach to a driving permit under SDCL § 32-23-23. Neither § 32-23-23, § 32-23-2, SDCL chapter 1-11 (§§ 1-11-17 to 1-11-33), ARSD chapters 2:06:02 and 2:06:03, the DPS revoked/suspended-license article, nor the DPS 24/7 ignition-interlock participation agreement mentions motorcycles. |
| Employer-owned vehicle | No exemption The Department of Public Safety 24/7 Sobriety Program participation agreement for ignition interlock testing requires the participant to have a motor vehicle on which the participant is a named insured and principal driver, names that vehicle as the one the device will be installed on, and states that while under ignition interlock testing the participant will not operate any other motor vehicle. Neither the agreement nor the court's order of additional bond conditions lists an employer-vehicle exception. What the source says“While under ignition interlock testing I will not operate any other motor vehicle.” |
| Unable to provide a breath sample | Not addressed on the official pages read No medical waiver or alternative for a person unable to provide a breath sample is stated in § 32-23-23, chapter 1-11, ARSD 2:06:02 or 2:06:03, or the DPS participation agreement. ARSD 2:06:02:03 conditions interlock testing only on device availability, a valid license or work permit and proof of financial responsibility; the other five 24/7 testing types (twice-a-day breath testing, urinalysis, drug patch, electronic alcohol monitoring, mobile breath testing) are listed as alternatives the participant may be assigned. |
| Reduced-cost / indigent program | Not addressed on the official pages read No indigent or reduced-fee interlock program is stated in SDCL chapter 1-11 (§§ 1-11-25 to 1-11-33 fee sections), ARSD 2:06:03 (fees), the DPS fee article or the DPS participation agreement. SDCL § 1-11-30 requires the participant to pay all installation and operation costs directly to the vendor plus the enrollment and monitoring fees, and to bear replacement cost for loss or breakage. |
| Interlock is a 24/7 Sobriety Program testing option with conditions (ARSD 2:06:02:03(5)) | A 24/7 participant may be assigned ignition interlock testing only if a device is available from a vendor for the participant's vehicle, the participant holds a valid driver license or work permit, and the participant has proof of financial responsibility. What the source says“(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” |
| Participant pays all interlock costs (SDCL § 1-11-30) | Costs are paid to the vendor under a vendor-participant contract; enrollment fee up to $50 and monitoring fees up to $20 per interval are set by the Attorney General; participant bears replacement cost. What the source says“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.” |
| Court driving permit conditioned on abstinence and 24/7 participation (SDCL § 32-23-23) | Any court-issued driving permit for a DUI offender with a prior DUI within ten years or a BAC of 0.17 or more is conditioned on total abstinence, participation in the 24/7 sobriety program where available, and payment of costs. What the source says“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 , inclusive, in those counties where 24/7 sobriety testing is available, the payment of associated costs and expenses” |
| First-offense employment driving permit (SDCL § 32-23-2) | For a first offense the court may, on proof of financial responsibility, permit driving for employment, 24/7 sobriety testing, school, child care, health appointments, court/probation appointments, counseling, treatment or aftercare; no interlock condition is stated for first offenders. What the source says“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, attendance at school, child care delivery or pickup, health appointments” |
| Court bond conditions limit driving to the interlock vehicle (24/7 Sobriety Program order of additional bond conditions) | The circuit-court order placing a defendant on ignition interlock testing under the 24/7 Sobriety Program provides that the defendant pays the vendor for installation and operation plus the enrollment and periodic inspection fees set by administrative rule, and may operate only the motor vehicle on which the device is installed. What the source says“Defendant shall only operate the motor vehicle the ignition interlock device is installed.” |
| Inability to pay for testing is reported to the State's Attorney or the court (24/7 bond-conditions order) | The order of additional bond conditions does not reduce or waive any fee; it states that if a defendant is unable to pay for testing, a report is sent to the State's Attorney's Office or to the court. What the source says“If a Defendant is unable to pay for testing, a report shall be sent to the State’s Attorney’s Office, or to the court (with copies to the State’s Attorney and any defense counsel), as required in your jurisdiction.” |
Compare: motorcycles by state · employer, medical and reduced-cost exemptions by state
Frequently asked questions
- Is an ignition interlock mandatory after a first DUI in South Dakota?
- No statute mandates it. SDCL § 32-23-2 requires the court to revoke the license for at least 30 days for a first offense and gives the court discretion to issue a permit for employment, 24/7 sobriety testing and similar purposes, with any restriction lasting no more than one year. An interlock is one testing option within the 24/7 Sobriety Program under ARSD 2:06:02:03(5).
- When is 24/7 Sobriety Program participation required with a court permit?
- Under SDCL § 32-23-23, any driving permit issued by the court to a person convicted of DUI is conditioned on total abstinence and participation in the 24/7 sobriety program (where available) if the person had a prior DUI conviction within ten years or a BAC of 0.17 or more. The court must revoke the permit on proof by a preponderance of the evidence that the condition was violated.
- What does the state charge for interlock testing in the 24/7 program?
- ARSD 2:06:03:05 sets a $40 enrollment fee and a $20 monitoring fee for each periodic inspection; ARSD 2:06:03:06 sets a participation fee of $1 per day. SDCL § 1-11-30 caps the enrollment fee at $50 and monitoring fees at $20, and provides that installation and operation costs are paid directly to the authorized vendor under a contract with the participant.
- Is an SR-22 required to reinstate after a DUI?
- Yes. SDCL § 32-35-43 applies the requirement of proof of financial responsibility for the future to anyone convicted of § 32-23-1, and § 32-12-48 requires that future proof be filed with the Department of Public Safety before reinstatement. DPS states most motorists satisfy this with an SR22 filing from their insurer. Under § 32-35-95(1) the filing may be cancelled after three years without a further qualifying conviction.
- What is the reinstatement fee?
- SDCL § 32-12-47.1 and § 32-12-48 set the reinstatement fee at $100 for a revocation resulting from a first-offense conviction under § 32-23-2, $150 for a second offense (§ 32-23-3), and $200 for a third or subsequent offense, in addition to the application fee. DPS's fee page states reinstatement fees range from $75 to $225 depending on circumstances.
Sources
- SDCL § 32-23-23 (Driving permit conditioned on abstinence and 24/7 sobriety program participation)
- SDCL § 32-23-2 (First offense — punishment, limited driving privilege)
- SDCL § 32-23-3 (Second offense)
- SDCL § 32-23-11 (Refusal revocation hearing; employment driving eligibility)
- SDCL § 32-12-47.1 (Reinstatement fees)
- SDCL § 32-12-48 (Revocation period for DUI — reinstatement application and fee)
- SDCL § 32-35-43 (Proof of financial responsibility for future — persons convicted of certain offenses)
- SDCL § 32-35-65 (Certificate by insurance carrier as proof)
- SDCL § 32-35-95 (Periods during which proof must be maintained)
- SDCL § 1-11-17 (Statewide 24/7 sobriety program established)
- SDCL § 1-11-30 (Fee for ignition interlock device)
- SDCL § 1-11-32 (24/7 sobriety program participation fee)
- ARSD 2:06:02:03 (Type of testing authorized)
- ARSD Chapter 2:06:02 (Testing — incl. 2:06:02:02.01 additional enrollment for ignition interlock testing)
- ARSD 2:06:03:05 (Ignition interlock device fees) and 2:06:03:06 (Participation fees)
- SD DPS — Revoked or Suspended Driver License and Reinstatement (KB0043742)
- SD DPS — Driver License/ID Card Fees (KB0043708)
- SD Attorney General — 24/7 Sobriety Program
- SD Attorney General — DUI 24/7 Documents & Forms
- SD DPS Driver Licensing — 24/7 Sobriety Program Participation Agreement (Ignition Interlock Testing)
Record history
- — Record verified against primary sources.