South Dakota SR-22 requirements after a DUI
South Dakota requires an SR-22 filing for 3 years after a DUI.
What South Dakota says
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 DPS states that a driver whose license was revoked or suspended following a DUI 'must establish proof of financial responsibility for the future' and that 'Most motorists provide proof of financial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.
“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”
Ignition interlock statute (see the state page): S.D. Codified Laws § 32-23-23
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | SR-22 |
| Filing period | 3 years |
| License reinstatement fee | $100 |
| Licensing agency | South Dakota Department of Public Safety, Driver Licensing (24/7 Sobriety Program administered by the Office of the Attorney General) |
How an SR-22 filing works
An SR-22 is a certificate of financial responsibility. The driver does not file it; the insurer does, electronically, with the state licensing agency, confirming that a policy meeting the state's minimum liability limits is in force. Most insurers charge a one-time filing fee, and a driver who needs one may find that fewer carriers offer it or that premiums are higher.
The filing must stay on file for the period the state sets. If the policy is cancelled or lapses during that period, the insurer notifies the state (an SR-26), and the license is typically suspended again until a new filing is made — which can restart the period.
The period usually starts at reinstatement, not at the arrest or conviction, though states differ; where the state specifies the start date, the note on this page says so.
Questions about SR-22 in South Dakota
- 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.
Sources
- 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)
- SD DPS — Revoked or Suspended Driver License and Reinstatement (KB0043742)