Appealing a Medical Driver's License Revocation in South Dakota: Seizures, Vision, and Aging

Opening your mailbox in Sioux Falls, Rapid City, or a rural ranch community along the Missouri River to find an official notice from the state capital in Pierre demanding a medical or vision re-examination can feel overwhelming. In a largely rural state like South Dakota-where public transit is scarce and driving is essential for medical appointments, groceries, and employment-losing your operator's license due to a health condition, seizure episode, or age-related concern threatens your fundamental independence.

While the state has a duty to protect public safety on its roadways, administrative cancellations are frequently based on incomplete medical reports, isolated health incidents, or well-meaning but inaccurate family referrals. Understanding how South Dakota evaluates medical fitness, what clinical benchmarks your neurologist or optometrist must certify, and how to appeal an unfair license cancellation through an independent administrative hearing can help you protect your right to drive.

Neurologist Clearance for Epilepsy and Seizure Disorders

Under S.D. Codified Laws § 32-12-32, the state is prohibited from issuing or renewing a driver's license to any person who is adjudged physically or mentally incapable of safely operating a motor vehicle. However, having a history of epilepsy, blackouts, or a seizure disorder does not permanently disqualify you from driving in South Dakota. Instead, S.D. Codified Laws § 32-12-5.1 establishes a specific pathway for licensing motorists with seizure conditions.

To retain or restore driving privileges after a seizure-related episode, the applicant must submit a completed Form Medical Statement, South Dakota, Department of Public Safety, Medical Statement Form signed by a licensed physician or neurologist certifying that the condition is effectively controlled by medication and that the patient is strictly compliant with their prescribed treatment regimen. Typically, the South Dakota Department of Public Safety, Driver Licensing Program, Pierre requires a driver to remain seizure-free for 6 to 12 months before full privileges are restored, though shorter periods may be considered upon a specialist's explicit clinical recommendation. Under S.D. Codified Laws § 32-12-5.1, the department may issue a temporary license that is subject to medical review every six months until the driver has remained completely seizure-free for twelve consecutive months.

The legal weight of adhering to these medical clearance periods was highlighted by the South Dakota Supreme Court in Two Eagle v. Avel eCare, LLC, 17 N.W.3d 242 (SD Supreme Court 2025). In that case, a patient who had been advised by a medical provider that he would be eligible to return to driving only after remaining seizure-free for six months suffered a seizure behind the wheel and struck a bystander. While the Supreme Court ruled in favor of the healthcare providers-declining to impose third-party tort liability on physicians for a patient's driving-the Court emphasized that the primary legal responsibility for safe vehicle operation rests squarely on the driver once a seizure disorder is diagnosed. Submitting thorough, timely neurological updates to the DPS is therefore critical both for administrative compliance and personal liability protection.

Vision Re-Testing for Macular Degeneration and Progressive Eye Conditions

Vision impairments such as macular degeneration, cataracts, glaucoma, and diabetic retinopathy are among the most common triggers for license restrictions or denials during South Dakota's five-year renewal cycle. The visual acuity benchmarks are codified under S.D. Admin. R. 61:06:01:06 and S.D. Admin. R. 61:06:01:07:

• Unrestricted Driving Privilege: Under S.D. Admin. R. 61:06:01:06, an applicant must demonstrate visual acuity of at least 20/40 with both eyes (and no worse than 20/50 in either eye) with or without corrective lenses.
• Corrective Lens and Daylight Restrictions: If your vision falls below 20/40 at the exam station machine, the examiner will provide Form Vision Statement, South Dakota, Department of Public Safety, Vision Statement to be completed by an optometrist or ophthalmologist. Under S.D. Codified Laws § 32-12-36, if your corrected acuity falls into a borderline range (such as 20/50 to 20/70), the DPS may issue a restricted license limiting you to daylight driving only, maximum speed limits, or a specific mileage radius from your home.
• Bioptic Telescopic Lenses and Annual Re-Testing: For drivers with macular degeneration who utilize bioptic telescopic lenses, the eye care specialist must certify on the Vision Statement that the driver meets South Dakota's bioptic parameters, and the DPS typically requires an updated vision re-examination every 12 months to monitor progressive defects.

Elderly Drivers Reported by Doctors or Family Members

South Dakota does not impose an arbitrary maximum driving age, nor does it mandate automatic road tests based solely on a senior citizen's birthday. Drivers aged 65 and older may renew their licenses every five years-and may even renew online every other cycle, provided they upload a completed Form Vision Statement, South Dakota, Department of Public Safety, Vision Statement dated within the past 12 months.

However, under S.D. Codified Laws § 32-12-46, whenever the Department of Public Safety has 'good cause to believe' that a licensed operator is incompetent or otherwise unqualified to be licensed, the agency may issue a written notice of at least five days requiring the driver to submit to a medical examination, vision screening, written knowledge test, or behind-the-wheel driving evaluation. 'Good cause' is usually triggered when a physician, law enforcement officer, or concerned family member submits Form Driver Evaluation Request, South Dakota, Department of Public Safety, Driver Evaluation Request Form. Anonymous reports are not accepted, though the DPS treats the reporting party's identity as confidential to the extent permitted by law. Crucially, under S.D. Codified Laws § 32-12-46, refusal or neglect to appear for the scheduled re-examination within the specified timeframe is automatic grounds for immediate cancellation of your driver's license.

Appealing a Medical Revocation Through the Office of Hearing Examiners (OHE)

In Blow v. Commissioner of Motor Vehicles, 164 N.W.2d 351 (SD Supreme Court 1969), the South Dakota Supreme Court affirmed that while the legislature has full authority to empower an executive agency to withdraw driving privileges for public safety, drivers are entitled to statutory procedural protections. If the DPS cancels, suspends, or denies your license based on a medical condition or failed evaluation, you have the right to contest the decision in an administrative hearing under South Dakota's Administrative Procedure Act, S.D. Codified Laws § 1-26-16.

Step 1: Respond Immediately to the 5-Day Re-Examination Notice

When you receive a notice under S.D. Codified Laws § 32-12-46, contact the South Dakota Department of Public Safety, Driver Licensing Program, Pierre at (605) 773-6883 right away. Never ignore the letter; if you need extra time to schedule an appointment with a neurologist in Sioux Falls or Rapid City, request a formal extension before the deadline expires.

Step 2: Gather Comprehensive Specialist Evaluations

Have your treating specialist complete Form Medical Statement, South Dakota, Department of Public Safety, Medical Statement Form or Form Vision Statement, South Dakota, Department of Public Safety, Vision Statement. Ask your doctor to provide specific clinical findings showing why you can safely operate a vehicle-either without restrictions or with tailored restrictions under S.D. Codified Laws § 32-12-36 (such as driving only within 15 miles of home during daylight hours).

Step 3: File a Written Petition for an Administrative Hearing

If the DPS issues a Notice of Cancellation or Denial, you must submit a written request for a contested case hearing within 30 days of the notice. Your appeal is referred to an independent administrative law judge at the South Dakota Office of Hearing Examiners, Pierre (523 East Capitol Avenue, Pierre, SD 57501; phone (605) 773-6851).

Step 4: Present Evidence at the OHE Hearing

Hearings before the South Dakota Office of Hearing Examiners, Pierre may be conducted in person or via teleconference. You and your attorney can introduce updated medical records, independent occupational therapy driving evaluations, and physician testimony, and cross-examine the DPS examiner.

Step 5: Appeal to the South Dakota Circuit Court if Necessary

Under S.D. Codified Laws § 1-26-30, if the final administrative decision upholds the cancellation, you have 30 days after service of the final order to file a Notice of Appeal in the appropriate state trial court, such as the Minnehaha County Circuit Court, Second Judicial Circuit, Sioux Falls, the Pennington County Circuit Court, Seventh Judicial Circuit, Rapid City, or the Hughes County Circuit Court, Sixth Judicial Circuit, Pierre.

How Much Does It Cost in South Dakota?

Unlike disciplinary suspensions for traffic violations or DUIs, restoring a license after a medical cancellation does not carry punitive state surcharges:

• Medical Re-Evaluation and Hearing Request Fee: $0. The DPS does not charge a fee to review medical statements, conduct a required re-examination, or schedule an administrative hearing before the Office of Hearing Examiners.
• License Renewal or Duplicate Restricted Card Fee: If your license expired during the medical review, the standard renewal fee is $38 under S.D. Codified Laws § 32-12-16. Adding or removing a medical or vision restriction on an existing valid card costs $20 for a duplicate credential.
• Medical Specialist and Occupational Driving Evaluations: Out-of-pocket co-pays for a neurologist or ophthalmologist exam typically range from $50 to $300, while a private Certified Driver Rehabilitation Specialist (CDRS) assessment costs $300 to $600.
• Administrative Appeal Attorney Fees: Retaining a South Dakota administrative law attorney to prepare your medical brief and represent you before the Office of Hearing Examiners or Circuit Court generally costs between $1,000 and $3,000.

How Long Does the Process Take?

• Initial Re-Examination Compliance Window: Statutory notice provides at least 5 days under S.D. Codified Laws § 32-12-46, though DPS commonly grants 15 to 30 days to return physician forms.
• DPS Medical Review Turnaround: Once you mail or fax your completed Form Medical Statement, South Dakota, Department of Public Safety, Medical Statement Form to Pierre, internal review typically takes 7 to 14 business days.
• Office of Hearing Examiners Appeal: From the date you file a written hearing request, scheduling the OHE hearing and receiving a proposed and final agency decision usually takes 30 to 60 days.

If you or an aging parent are facing a medical license cancellation in South Dakota, consulting a qualified local attorney from our directory can help you present strong clinical evidence and negotiate tailored driving restrictions that preserve your mobility.

Frequently Asked Questions (FAQ)