South Dakota New Resident Guide

Licensing and Residency Requirements

You are required to have a South Dakota driver license if you live here for more than 90 days. If you are a commercial driver license holder, you must apply for a South Dakota license within 30 days. If you move to South Dakota and bring with you a vehicle that was previously titled in another state, you have 90 days from the date of arrival to obtain a South Dakota title.

Violation Point Counts

The amount of points that go against your driver's license for specific types of violations.

Any operator who accumulates 15 points in any 12 consecutive months, or 22 points in any 24 consecutive months is subject to driver license suspension.

Headlight Laws

You must dim your headlights from high to low beam when you are within 500 feet of an oncoming vehicle, or when following another vehicle.

You must use your headlights:

• From one half hour after sunset until one half hour before sunrise.
• At any other time when there is not sufficient light to enable a driver to clearly see a person on the highway at a distance of 200 feet ahead.

There is no specific law allowing or prohibiting headlight flashing.

DUI Penalties

First Offense (Class 1 misdemeanor)

• Up to 1 year county jail;
• Up to $2,000 fine;
• Minimum 30 days license revocation.

Second Offense (within 10 years) (Class 1 misdemeanor)

• Up to 1 year county jail;
• Up to $2,000 fine;
• Minimum 1 year license revocation.

Third Offense (within 10 years) (Class 6 felony)

• Up to 2 years state penitentiary;
• Up to $4,000 fine;
• Minimum 1 year license revocation.

Fourth Offense (within 10 years) (Class 5 felony)

• Up to 5 years state penitentiary;
• Up to $10,000 fine;
• Minimum 2 years license revocation.

Fifth or Subsequent Offense (within 10 years) (Class 4 felony)

• Up to 10 years state penitentiary.
• Up to $20,000 fine.
• Minimum 3 years license revocation.

Other

Community service

• May be condition of probation.

Alcohol education and treatment

• Defendant may only be granted a restricted license upon successful completion of an alcohol or drug treatment program.
• Court may order as part of probation.

Ignition interlock

• May be mandated as part of statewide 24/7 sobriety program administered by Office of the Attorney General, and established in each locality by the sheriff's department or department of corrections.

Red Light Violation Fines

South Dakota does not have a state law governing red light fines or the use of traffic cameras for red light enforcement.

Turn Signal Information

Signal your intention to turn or change lanes at least 100 feet in advance.

Funeral Procession Right-of-Way Laws

• South Dakota has no state law regarding right of way for a funeral procession.
• Funeral processions are not required to allow sufficient space between vehicles so as to enable any other vehicle to enter and occupy such space without danger.

Bicyclist Passing Distance

There is no specific law regarding minimum safe passing distance.

Using the Shoulder to Pass

You may not drive off the roadway to pass on the right.

Speed Limits

• 75 mph on interstate highways.
• 70 mph on divided four-lane highways in rural areas.
• 65 mph on other streets or highways.
• 55 mph on township roads.
• 25 mph on urban streets that do not have posted speed limits.
• 15 mph in a school zone during a recess or when children are going to or leaving school during the opening or closing hours.

Emergency Vehicle Laws

Move Over

• When you see any vehicles displaying flashing red, amber, or yellow lights while stopped on or adjacent to the roadway, you must do the following:
• If driving on an interstate highway or other highway with two or more lanes traveling in the same direction as the vehicle, merge into the lane farthest from the vehicle and proceed with caution, unless otherwise directed; or;
• If driving on a two lane highway, slow to a speed that is at least twenty miles per hour less than the posted speed limit or five miles per hour when the speed limit is posted at twenty miles per hour or less and proceed with caution, unless otherwise directed.

Following

• Do not follow a fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park within the block where the fire apparatus has stopped in answer to a fire alarm.

Collision Procedures

• Stop at the scene or as close as possible without obstructing traffic more than necessary, and remain at the scene until all requirements are fulfilled.
• You must provide the following information to any other person involved in the accident, or any police officer at the scene of the crash:
• Driver's name and address;
• Owner's name and address;
• Vehicle license number;
• Show driver's license upon request.
• Provide assistance to any injured person, including transporting them or making arrangements for transportation to a hospital or doctor, if necessary or requested.
• Call police immediately if necessary:
• If none of the other people involved in the accident are in a condition to receive the information you are required to give them, and no police officer is present, you must report the crash to the nearest police department as soon as you have provided assistance to any injured person.
• If the crash resulted in injury, death, or property damage of $1,000 or more, you must report the accident immediately to the nearest available law enforcement officer.
• If the driver is unable to make an immediate report, any other occupant of the vehicle who is able to must do so.
• Unattended vehicle or property:
• If you have collided with an unattended vehicle or other unattended property on or adjacent to a highway, locate and notify the owner of the driver's name and address, the vehicle license number, and show your driver's license if requested.
• If you are unable to do so, leave a written notice providing this information and a statement of the circumstances, and notify the nearest police department.