Driving after a DUI in South Dakota: the Restricted Work/School Permit

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

No administrative per se suspension exists for a failed test (the court revokes on conviction under § 32-23-2). For a refusal revocation, SDCL § 32-23-11 states a person who wants to contest it 'shall request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest'; if the secretary finds the officer complied with the law and the person refused, the license is revoked for one year and the secretary determines eligibility to drive for employment. The statute does not say calendar or business days, no request form or fee is stated, and no temporary permit is described. § 32-23-11 applies to revocations 'pursuant to § 32-23-18', which by its terms covers a person arrested for violating § 32-23-21 (the under-21 statute) who refuses testing; the current § 32-23-10 implied-consent statute contains no revocation language, so whether an adult first-offense refusal triggers

“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.”

Who can get it, and how soon

For a first-offense DUI conviction the court must revoke the license for not less than 30 days and 'may, in its discretion' issue an order, upon proof of financial responsibility, permitting driving for employment, 24/7 sobriety testing, school, child care, health appointments, court or probation appointments, and counseling, treatment or aftercare (SDCL § 32-23-2). Any court-issued permit is conditioned on total abstinence and 24/7 sobriety program participation where the person had a BAC of 0.17 or more or a prior DUI within ten years (§ 32-23-23). The Department of Public Safety's Restricted Work/School Permit application covers DUI convictions (SR22 required) and requires a showing of need; it states no CDL work permits are allowed. Under ARSD 61:19:01:01 a person revoked for refusal under § 32-23-11 is ineligible with two prior DUI convictions or repeated refusals within ten years.

“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”

South Dakota has no administrative per se suspension for a failed test; the DUI revocation is imposed by the court on conviction (not less than 30 days for a first offense, with a further revocation or restriction of up to one year at the court's discretion) and no waiting period before a court-ordered driving permit is stated (§ 32-23-2). For a refusal revocation under § 32-23-11 the secretary of public safety 'shall determine if the person is eligible to drive for the purpose of employment', and ARSD 61:19:03:01 requires the department to issue a restricted license within 30 days of receiving the required information if need is established; no minimum no-driving period is stated. The DPS application states a denial letter issues if documentation is missing after 30 days.

“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.”

Conditions attached to the privilege

As stated on the DPS Restricted Work/School Permit application: an SR22 filing from the insurer for a DUI conviction; Parts 1-3 completed by the applicant (transportation options, distance to work or school, physical circumstances), Part 4 by the employer, Part 5 if self-employed, Part 6 with a class schedule for school driving; a notarized signature; proof of auto insurance before issuance; and, for a second or subsequent offense or a first offense with a BAC of 0.17 or more (or no proof of BAC), proof of enrollment in a South Dakota 24/7 Program using three forms from the Attorney General's site, with the permit conditioned on total abstinence. Need is judged on residence more than one mile from work or school, physical handicap, and absence of other transportation. A Chemical Dependency Certificate is required only for an out-of-state second or subsequent DUI conviction. ARSD 61:19:02

“If applying because of a Driving Under the Influence or No Insurance conviction, an SR22 filing will need to be received from your insurance company as part of your application.”

Where and when it allows driving

Court order (§ 32-23-2): employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, court or probation appointments, counseling programs, treatment or aftercare, with any court restriction limited to one year. DPS permit: driving to, from and during work or school during the hours requested, printed on the permit exactly as requested, not more than 12 hours per day (application; ARSD 61:19:04:01), with the permitted hours and areas of operation stated on the license; no CDL permits.

“The permit cannot be issued for more than 12 hours per day. Your hours will be printed on the permit exactly as requested.”

How it is issued

A court or the licensing agency issues the Restricted Work/School Permit.

Official page: sd.gov

The statute: SDCL § 32-23-2 (first offense; limited driving privilege) and § 32-23-23 (permit conditioned on abstinence and 24/7 part

“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”