South Dakota SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

The Department of Public Safety writes it 'SR22' and calls it an 'SR22 insurance filing' (statute: a certificate of an insurance carrier filed as 'proof of financial responsibility for the future'). The driver's automobile insurance company files the SR22 form with the DPS Driver Licensing Program; the South Dakota Driver License Manual states the forms must be received at the central administrative office directly from the insurance company and that driver exam stations cannot accept them.

“Most motorists provide proof of financial responsibility for the future by obtaining a SR22 insurance filing from their automobile insurance company.”

What triggers it

DPS lists DUI among the events after which a driver whose license was revoked or suspended must establish proof of financial responsibility for the future before driving or re-registering a vehicle; the Driver License Manual states the SR22 must be presented upon conviction of DWI. SDCL § 32-35-43 applies the future-proof requirement to any person convicted of (or who forfeited bail for) a violation of § 32-23-1 (DUI), and § 32-12-48 conditions DUI reinstatement on the filing. Neither the DPS pages nor § 32-35-43 mentions an implied-consent refusal revocation (§ 32-23-11) as a trigger.

“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”

How long it stays on file, and from when

3 years, counted from the eligibility date.

The DPS Driver License Manual states that upon conviction of DWI the SR22 must be presented to the Department of Public Safety and maintained for 3 years from the eligibility date. SDCL § 32-35-95(1) lets DPS cancel the filing 'at any time after three years from the date such proof was required' if no further disqualifying conviction was received in that three-year period. The DPS knowledge article states 'three years from date of conviction' only for a no-insurance conviction. None of the cited sources says whether the period must be continuous.

“UPON CONVICTION OF DWI, YOU MUST PRESENT AN SR22 “INSURANCE FILING” TO THE DEPARTMENT OF PUBLIC SAFETY AND MAINTAIN THIS INSURANCE FOR 3 YEARS FROM THE ELIGIBILITY DATE.”

If the policy is cancelled or lapses

Under SDCL § 32-35-80 an insurer that certified the policy must file written notice of the cancellation or termination date with DPS within fifteen days (a Class 2 misdemeanor if not), and under § 32-35-94 DPS requires other proof and suspends the license and registration pending its filing when the proof on file no longer fulfills its purpose. DPS states that failure to file proof results in suspension of vehicle registration, license plates and driver's license. None of the cited sources says the three-year period restarts after a lapse; § 32-35-97 requires proof to be re-established for the remainder of the three-year period only where the filing was cancelled after a license surrender.

“a written notice indicating the date of cancellation or termination of the insurance so certified shall be filed with the Department of Public Safety within fifteen days of the date the policy has been cancelled or terminated.”

Non-owner and out-of-state policies

Under the statute, the certificate need not designate vehicles when 'the policy is issued to a person who is not the owner of a motor vehicle' (§ 32-35-65), a motor vehicle liability policy may be an owner's or an operator's policy (§ 32-35-68), and an operator's policy covers the named insured's use of any motor vehicle not owned by him at the same limits (§ 32-35-71). The DPS pages do not address non-owner policies.

“shall designate by explicit description or by appropriate reference all vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.”

Under SDCL § 32-35-66, a nonresident may file the certificate of an insurer authorized in the state where the vehicle is registered, or where the nonresident resides if no vehicle is owned, provided the insurer executes a power of attorney for service through the Division of Insurance and agrees in writing that the policy conforms to South Dakota law; under § 32-35-67 DPS stops accepting a non-admitted insurer's certificates while it is in default. The DPS pages do not address drivers who now live elsewhere.

“a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by such nonresident is registered, or in the state in which such nonresident resides, if he does not own a vehicle”

Liability limits the filing certifies

Minimum limits: 25/50/25

Under SDCL § 32-35-2, proof of financial responsibility for the future means ability to respond in damages of $25,000 for bodily injury or death of one person, $50,000 for two or more persons in one accident, and $25,000 for property damage in one accident; § 32-35-70 sets the same limits for a certified owner's policy. No uninsured-motorist or PIP component is stated for the filing in chapter 32-35.

“twenty-five thousand dollars because of bodily injury to or death of one person ... fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property”

How the filing is confirmed

The DPS Driver License Manual says the SR22 forms must be received at the Driver Licensing Program's central administrative office directly from the insurance company (exam stations cannot accept them); the DPS knowledge article gives the Driver Licensing email/phone line ((605) 773-6883) for questions. None of the cited DPS pages describes an online record check for the filing. The Restricted Work/School Permit application states that for a DUI conviction an SR22 filing must be received from the insurer as part of the application.

Agency page: www.sd.gov

“The SR22 forms must be received at the central administrative office (the driver exam stations are unable to accept SR22 forms). The forms must come directly from the insurance company.”

Financial-responsibility statute

SDCL § 32-35-65

“Proof of financial responsibility for the future may be furnished by filing with the Department of Public Safety the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy”