Driving with a suspended license in South Dakota is illegal and carries criminal penalties
If your license is suspended in South Dakota, you cannot legally drive any vehicle on public roads. Driving anyway is a crime, not just a traffic violation. The penalties depend on how many times you have done it before and why your license was suspended in the first place.
A first offense for driving with a suspended license is a misdemeanor. You face up to 30 days in jail, a fine between $100 and $500, or both. A second offense within five years increases the jail time to up to 60 days and the fine to between $200 and $1,000. A third or subsequent offense within five years can result in up to 90 days in jail and fines up to $2,000.
These penalties are separate from whatever caused your suspension in the first place. For example, if your license was suspended because of unpaid traffic fines, you still owe those fines even after you serve jail time or pay the criminal fine.
Key Takeaways
- Driving with a suspended license in South Dakota is a misdemeanor crime with jail time and fines that increase with each offense.
- Your vehicle can be impounded, and you may have to pay towing and storage fees before you can get it back.
- A suspension can be lifted only by the South Dakota Department of Public Safety, not by a court or police officer.
- You can request a hearing to challenge your suspension or ask for a work permit if you need to drive for employment.
- The reason for your suspension — unpaid fines, DUI, points, or medical issues — determines how long it lasts and what you must do to restore your license.
Why your license gets suspended in South Dakota
South Dakota suspends licenses for several reasons, and the cause matters because it determines how you get your license back. The most common reason is accumulating too many points from traffic violations. If you get 12 or more points within three years, your license is suspended for 30 days on the first offense, 60 days on the second, and 90 days on the third.
A DUI conviction results in an automatic suspension. A first DUI suspension lasts six months to one year. A second DUI within ten years results in a one-year to two-year suspension. A third or subsequent DUI within ten years can mean a permanent revocation, though you may be able to request reinstatement after ten years.
Other reasons for suspension include failing to pay traffic fines or child support, failing a medical examination, refusing a breath test, or being convicted of certain crimes. Each reason has its own timeline and restoration process.
What happens when you are pulled over
If a police officer stops you and discovers your license is suspended, you will be cited for driving with a suspended license. The officer can impound your vehicle on the spot. You then have to pay towing fees (usually $200 to $500) and daily storage fees (typically $25 to $50 per day) before you can retrieve it.
You will receive a citation with a court date. You can choose to plead guilty, plead not guilty and request a trial, or enter into a plea agreement with the prosecutor. If you plead guilty or are found guilty, the judge will impose the penalties listed above. A criminal record for this offense can affect employment, housing, and other opportunities.
If your vehicle is impounded, you cannot drive it home even if someone else is with you — the vehicle itself is in police custody. You must arrange for a tow truck to take it to your home or another location, and you pay for that service.
How to request a work permit or hardship license
South Dakota allows you to request a work permit (also called a hardship license) if your license is suspended and you need to drive for employment, medical treatment, or court-ordered obligations. You cannot use a work permit for personal errands, commuting to school, or any other purpose.
To request a work permit, contact the South Dakota Department of Public Safety, Driver Licensing Program. You will need to show proof of employment (a letter from your employer stating your job duties and hours), proof of hardship (medical records, court documents, or other evidence), and proof of financial responsibility (insurance). There is a fee, which varies depending on the type of permit.
A work permit is not may provide. The Department of Public Safety reviews each request and decides whether your hardship is genuine. Even if approved, a work permit is temporary and may be revoked if you violate the terms (for example, by driving somewhere other than work).
Steps to restore your license after suspension
The process to restore your license depends on why it was suspended. For a points-based suspension, you must wait out the suspension period (30, 60, or 90 days depending on the offense number), then contact the Department of Public Safety to request reinstatement. There is a reinstatement fee, typically around $100.
For a DUI suspension, you must complete a substance abuse evaluation and any recommended treatment, pay the reinstatement fee, and provide proof of financial responsibility (insurance). Some DUI suspensions also require you to install an ignition interlock device in your vehicle, which prevents the car from starting if it detects alcohol on your breath.
For suspensions due to unpaid fines or child support, you must pay what you owe in full before the Department of Public Safety will reinstate your license. If you cannot pay in full, contact the court or the child support enforcement office to ask about a payment plan.
For medical suspensions, you must pass a medical examination and submit the results to the Department of Public Safety. The type of examination depends on why your license was suspended — it might be a vision test, a physical exam, or a cognitive assessment.
Requesting a hearing to challenge your suspension
If you believe your license was suspended in error, or if you want to contest the suspension, you can request a hearing with the South Dakota Department of Public Safety. You must request the hearing within 30 days of receiving the suspension notice. After 30 days, the suspension takes effect and you lose the right to a hearing.
At the hearing, you can present evidence and argue why the suspension should not stand. For example, if you were suspended for points and believe some of those points were issued incorrectly, you can bring documentation to the hearing. If you were suspended for a medical reason and have since recovered, you can bring medical records showing you are fit to drive.
The hearing officer will decide whether to uphold, modify, or overturn the suspension. If the suspension is upheld, you can appeal to the circuit court, but you must do so within 30 days of the hearing officer's decision.
How a suspended license affects your insurance and vehicle registration
If your license is suspended, your auto insurance may be cancelled or your rates may increase significantly. Some insurers automatically cancel policies when they learn a driver's license has been suspended. Others will keep you on the policy but charge much higher premiums.
Your vehicle registration does not automatically expire when your license is suspended, but you cannot legally renew it while your license is suspended. If your registration expires during your suspension, you must wait until your license is restored before you can renew it.
Once your license is restored, contact your insurance company when ready. You may need to provide proof of reinstatement. If your policy was cancelled, you will need to explore for new coverage, and you may face higher rates for a period of time because of the suspension on your record.
Frequently Asked Questions
Can someone else drive my car if my license is suspended?
Yes. Your suspension applies only to you, not to your vehicle. Anyone else with a valid license can drive your car. However, if you are in the car and the police officer believes you are directing the driver or exercising control over the vehicle, you could still face charges.
What if I did not know my license was suspended?
Lack of knowledge is not a defense to driving with a suspended license. South Dakota law assumes you know the status of your license. The Department of Public Safety mails suspension notices to the address on file, so it is your responsibility to keep your address current and to check your mail.
How long does a suspended license stay on my driving record?
A suspension itself does not stay on your record permanently — once it is lifted, it is lifted. However, the reason for the suspension (points, DUI, unpaid fines) may remain on your record for three to ten years depending on the offense. This affects your insurance rates and your ability to get a commercial driver's license.
Can I get my license back early if I pay a fine?
Not for points-based or DUI suspensions — you must wait out the full suspension period. However, if your suspension is due to unpaid fines or child support, paying what you owe can lift the suspension when ready. Contact the court or child support office to confirm the amount owed.
What is the difference between a suspension and a revocation?
A suspension is temporary — your license will be restored once you meet the requirements. A revocation is permanent or long-term and typically requires you to reapply for a license after a waiting period. Revocations are usually imposed for serious offenses like multiple DUIs or certain criminal convictions.