How to get your license back after a DUI in South Dakota
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the South Dakota Department of Public Safety, Driver Licensing (24/7 Sobriety Program administered by the Office of the Attorney General) lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the revocation period ordered by the court
Under SDCL § 32-23-2 the court must revoke a first offender's license for not less than thirty days (a second offense: not less than one year under § 32-23-3); § 32-12-48 provides the revocation begins on the court-ordered date or the department's notice date, whichever is earlier, and reinstatement may be applied for at its conclusion.
What the source says
“the period of revocation begins on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the conclusion of the period of revocation ordered by the court, and if future proof is filed with the Department of Public Safety”
- 2
File proof of financial responsibility for the future (SR-22)
DPS states that a driver revoked or suspended following a DUI conviction must establish proof of financial responsibility for the future before driving or re-registering a vehicle, most commonly by an SR22 filing; § 32-12-48 conditions the reinstatement application on the future-proof filing.
What the source says
“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”
- 3
Submit an application to reinstate with the reinstatement fee and the application fee
DPS states a person whose license was revoked or suspended must pay a reinstatement fee in addition to the application fee when eligible; § 32-12-48 sets the fee at $100 for a § 32-23-2 (first offense) conviction, $150 for a second offense, and $200 for third or subsequent.
What the source says
“A person whose license has been revoked or suspended is required by law to pay a license reinstatement fee in addition to the application fee when they are eligible to apply for a license. Vision and knowledge tests will be required following a revocation.”
- 4
Pass the vision and knowledge tests (revocations)
DPS states that following a revocation all applicable tests are required in addition to the application and reinstatement fees; a suspension requires no testing unless the license has expired.
What the source says
“Following revocation, all applicable tests will be required in addition to the application fee and a reinstatement fee in order to reinstate the driver’s license.”
- 5
Department investigation and issuance of a license showing any court-imposed restrictions
Under § 32-12-48 the department may issue the license after investigating the applicant's character, habits and driving ability, and the license must show any restrictions imposed by the court and their expiration date.
What the source says
“The department may issue a driver license to the defendant, if, after an investigation of the character, habits, and driving ability of the defendant, the department is satisfied it is safe to grant the privilege of driving a motor vehicle to the defendant.”
Official reinstatement page: South Dakota Department of Public Safety, Driver Licensing (24/7 Sobriety Program administered by the Office of the Attorney General)
Conditions that travel with reinstatement
| Reinstatement fee | $100 |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 3 years — South Dakota SR-22 requirements |
| Ignition interlock | South Dakota interlock rule |
| Required program | Court-approved chemical dependency program (second or subsequent offense, SDCL § 32-23-3); no statutory first-offense education program located |
| Driving during the suspension | Court-issued limited driving permit (SDCL § 32-23-2) and DPS Restricted Work/School Permit (restricted license under SDCL § 32-23-11 and ARSD art. 61:19) |
| Re-examination | Knowledge test: required in some cases · road test: not addressed by the agency |
Required program: Court-approved chemical dependency program (second or subsequent offense, SDCL § 32-23-3); no statutory first-offense education program located
SDCL § 32-23-3 conditions a second offender's court-permitted driving on successful completion of a court-approved chemical dependency program and proof of financial responsibility. For a first offense, § 32-23-2 lets the court permit driving for attendance at counseling programs, treatment, or aftercare but names no required program. The DPS Restricted Work/School Permit application requires a Chemical Dependency Certificate for out-of-state second or subsequent DUI convictions.
“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, attendance at school”
Driving during the suspension: Court-issued limited driving permit (SDCL § 32-23-2) and DPS Restricted Work/School Permit (restricted license under SDCL § 32-23-11 and ARSD art. 61:19)
Under § 32-23-2 the court may, in its discretion and upon proof of financial responsibility, issue an order permitting driving for employment, 24/7 sobriety testing, school, child care, health, court/probation appointments, counseling, treatment or aftercare; under § 32-23-23 such a permit is conditioned on total abstinence and 24/7 program participation where the person had a prior DUI within ten years or a BAC of 0.17 or more. DPS's Restricted Work/School Permit application requires an SR22 filing for DUI applicants and proof of 24/7 enrollment for second-or-subsequent or 0.17-plus cases; ARSD 61:19:02 requires employer affidavits and no reasonable alternative transportation.
“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.”
Full page: waiting period, conditions and hearing deadline for the Restricted Work/School Permit
Will you have to retake the test? Re-examination in South Dakota
Some states hand the license back once the conditions are met; others treat a revoked or long-withdrawn license as expired and issue a new one only after the knowledge test, the road test or a vision screening is passed again. The rules below are the licensing agency's own, one per test.
| Knowledge (written) test | Required in some cases Driver Licensing separates the two withdrawals. After a revocation, the vision and knowledge tests are required along with the application fee and the reinstatement fee. After a suspension, no testing is required to reinstate unless the license has expired; a license expired more than 30 days means the knowledge test at a driver exam station. What the source says“Vision and knowledge tests will be required following a revocation.” |
|---|---|
| Road (driving) test | Not addressed by the agency The reinstatement article says all applicable tests are required after a revocation and names the vision and knowledge tests; it does not say whether the driving test is among them, and no page states a driving-test rule for a suspended or expired license. What the source says“Following revocation, all applicable tests will be required in addition to the application fee and a reinstatement fee in order to reinstate the driver’s license.” |
| Vision screening | Required in some cases A vision test is required after a revocation, and the examiner tests vision at any in-person renewal. What the source says“A person whose license has been revoked or suspended is required by law to pay a license reinstatement fee in addition to the application fee when they are eligible to apply for a license. Vision and knowledge tests will be required following a revocation.” |
What triggers a re-test
A revocation, as opposed to a suspension: after a revocation the vision and knowledge tests are required with the fees; after a suspension no testing is required unless the license has expired. Separately, a license expired more than 30 days requires an in-person visit and the knowledge test.
“Following suspension, no testing will be required to reinstate the license unless the license has expired. Application fees and the reinstatement fee will be required.”- Where to take it
- sd.gov — by appointment at a South Dakota driver exam station; knowledge and drive tests require an appointment
- Official driver manual
- South Dakota Driver's License Manual
- The rule
- SDCL § 32-12-47.1
“Fulfilling a knowledge examination requirement of a new applicant for a revocation listed in subsections (a) to (e), inclusive.”
Questions about re-testing in South Dakota
- Does a South Dakota DUI revocation mean retaking the tests?
- Yes for the vision and knowledge tests. Driver Licensing states that after a revocation all applicable tests are required with the application fee and the reinstatement fee, and names the vision and knowledge tests; SDCL § 32-12-47.1 likewise lists fulfilling the knowledge examination requirement of a new applicant among the reinstatement steps after a DUI revocation.
- And after a suspension?
- No testing is required to reinstate after a suspension unless the license has expired; the application fee and the reinstatement fee are still paid. A license expired more than 30 days requires a visit to a driver exam station and the knowledge test.
- What do the tests cost and where are they taken?
- The application fee is $38 and covers three test attempts within six months; tests are given by appointment at a South Dakota driver exam station, with drivers furnishing their own vehicle for a road test.
Reinstatement knowledge check: South Dakota
Ten questions on the rules this site cites for the state — the figures the licensing agency and the statute state, with a link to where each one is stated. The order changes every time.
This is not the agency's knowledge test and does not predict it; it checks the rules cited on this site.
Questions about reinstatement in South Dakota
- What does South Dakota DPS require to reinstate a license after a DUI revocation?
- DPS's Revoked or Suspended Driver License and Reinstatement article states that after a revocation the person must pay a reinstatement fee plus the application fee, pass vision and knowledge tests, and, after a DUI, establish proof of financial responsibility for the future (most commonly an SR22 filing). SDCL § 32-12-48 sets the fee at $100 for a first-offense revocation.
- Can a South Dakota driver drive during a DUI revocation?
- Under SDCL § 32-23-2 the court may, in its discretion and upon proof of financial responsibility, issue an order permitting driving for employment, 24/7 sobriety testing, school, child care, health appointments, court or probation appointments, counseling, treatment or aftercare. Under § 32-23-23, that permit requires total abstinence and 24/7 program participation where there is a prior DUI within ten years or a BAC of 0.17 or more.
- Is an ignition interlock required for a South Dakota DUI?
- No South Dakota statute mandates an ignition interlock for DUI. An interlock is one of six testing methods a 24/7 Sobriety Program participant may be placed on under ARSD 2:06:02:03, available if a device is obtainable from a vendor, the participant holds a valid license or work permit, and has proof of financial responsibility. Fees are set by ARSD 2:06:03:05 ($40 enrollment; $20 per periodic inspection).
Sources
- SD DPS - Revoked or Suspended Driver License and Reinstatement (KB0043742)
- SD DPS - Driver License/ID Card Fees (KB0043708)
- SD DPS - Restricted Work/School Permit Application (PDF)
- SDCL § 32-12-48 (Revocation period for DUI; reinstatement application and fee)
- SDCL § 32-23-2 (First offense; limited driving privilege)
- SDCL § 32-23-3 (Second offense; chemical dependency program)
- SDCL § 32-23-23 (Driving permit conditioned on abstinence and 24/7 participation)
- SDCL § 32-23-11 (Refusal revocation; restricted license rules)
- ARSD 61:19:01 (Restricted license eligibility)
- ARSD 61:19:02 (Restricted license application)
- ARSD 61:19:05 (Grounds for revocation of restricted license)
- ARSD 2:06:02:03 (24/7 program testing types, incl. ignition interlock)
- ARSD Chapter 2:06:02 (24/7 testing rules)
- SD DPS Driver Licensing - 24/7 Sobriety Program Participation Agreement (Ignition Interlock Testing)