How to Restore Your South Dakota License After Accumulating Too Many Points

Watching flashing patrol lights fill your rearview mirror along Interstate 90 near Rapid City or Interstate 29 in Sioux Falls is frustrating enough, but simply mailing in a check to pay the citation can trigger a far worse consequence. In South Dakota, paying a traffic fine is legally equivalent to entering a guilty plea. When that conviction pushes your driving record across the state's statutory point threshold, the Department of Public Safety automatically generates an Order of Suspension that strips away your driving privileges.

Many South Dakota motorists are caught off guard because the state's point system operates very differently from neighboring jurisdictions-most notably excluding routine speeding tickets while assigning heavy point values to other common moving violations. Whether you are an adult commuter facing a 60-day suspension or a parent helping a teenage driver navigate South Dakota's strict probationary permit rules, understanding how points are calculated and how to reinstate or obtain a restricted work permit is essential.

South Dakota Point System Triggers and Duration of Suspensions

How Points Are Assessed Under South Dakota Law

South Dakota's point schedule is codified in S.D. Codified Laws § 32-12-49.1. Unlike most states, South Dakota explicitly does not assess points for routine speeding violations, parking tickets, or equipment and weight infractions. However, high point totals accumulate rapidly for other moving offenses:

• Driving Under the Influence (DUI / DWI): 10 points (plus mandatory court/statutory revocation)
• Reckless Driving: 8 points
• Eluding or Attempting to Elude a Police Officer: 6 points
• Drag Racing: 6 points
• Failure to Yield the Right-of-Way: 4 points
• Improper Passing: 4 points
• Driving on the Wrong Side of the Roadway: 4 points
• Stop Sign or Red Light Violation: 3 points
• Other Moving Violations (excluding speeding): 2 points

When multiple offenses arise out of a single traffic stop, points are assessed only on the single offense carrying the highest point value.

Duration of Point-Based Suspensions

Under S.D. Codified Laws § 32-12-49.2, the South Dakota Department of Public Safety, Driver Licensing Program, Pierre is authorized to suspend your operator's license whenever you accumulate 15 points in any 12 consecutive months or 22 points in any 24 consecutive months. Once triggered, the length of your suspension is governed by S.D. Codified Laws § 32-12-49.3 based on your prior suspension history over the preceding 48 consecutive months:

• First Point Suspension: 60 days
• Second Point Suspension (within 48 months): 6 months
• Third or Subsequent Point Suspension (within 48 months): 1 year

The Difference in Point Thresholds for Drivers Under 18

Teenage motorists in South Dakota holding an Instruction Permit or a Restricted Minor's Permit operate on a strict probationary basis under S.D. Codified Laws § 32-12-15. They do not get to accumulate 15 points before losing their license. Instead, any moving traffic violation-including a routine speeding ticket or wireless phone violation-triggers immediate administrative action:

• Single 6-Point Offense: Conviction for any single moving violation assessed 6 or more points under S.D. Codified Laws § 32-12-49.1 (such as reckless driving, drag racing, or eluding) or any felony traffic offense triggers an immediate suspension.
• First Class 2 Misdemeanor Moving Violation or Permit Violation: A single conviction for running a stop sign, speeding, or driving after 10:00 p.m. outside permitted work/school routes results in a mandatory 30-day suspension.
• Second Moving Violation or Permit Violation: A second conviction results in a suspension for 180 days or until the minor's 16th birthday, whichever period is longer.

As the South Dakota Supreme Court clarified in State v. Bettelyoun, 972 N.W.2d 124 (SD Supreme Court 2022), moving traffic offenses classified as misdemeanors under S.D. Codified Laws § 32-12-49.1 are excluded from confidential juvenile delinquency proceedings and are prosecuted directly in adult magistrate and circuit courts, such as the Minnehaha County Magistrate Court, Second Judicial Circuit, Sioux Falls or the Pennington County Magistrate Court, Seventh Judicial Circuit, Rapid City. However, one financial relief provision applies to teens: under S.D. Codified Laws § 32-12-47.1, a minor suspended pursuant to S.D. Codified Laws § 32-12-15 is exempt from paying the $75 reinstatement fee unless the suspension resulted from a moving violation carrying 6 or more points.

Defensive Driving Courses for Point Reduction Prior to Suspension

A common misconception among South Dakota drivers is that you can simply complete an online defensive driving course and mail a certificate to the DPS in Pierre to shave 3 or 4 points off an existing driving record. South Dakota statutes do not provide an automatic administrative point-reduction credit for voluntary defensive driving courses once a conviction is entered on your record.

However, defensive driving courses can still save your license if used prior to conviction in magistrate court. When you are cited for a 3-point red light violation or a 4-point failure-to-yield offense that would push you to 15 points, you or your traffic defense attorney can negotiate with the local State's Attorney in Sioux Falls, Rapid City, or Brookings before pleading guilty. Prosecutors and magistrate judges frequently have discretion to amend a 4-point moving violation down to a non-point offense, or grant a deferred imposition of sentence conditioned on completing an approved defensive driving course and paying court costs, preventing the points from ever reaching the DPS.

Reinstatement Fees, Restricted Permits, and SR-22 Requirements

If your point total triggers a suspension, you do not automatically have to stop commuting to your job. Under S.D. Codified Laws § 32-12-49.4 and S.D. Admin. R. 61:18:02:09, a driver suspended for point accumulation is eligible to apply for a restricted driving permit for employment or school attendance, provided this is not a second or subsequent point suspension within the last 24 consecutive months.

To obtain a restricted permit or reinstate your license, you must also comply with South Dakota's financial responsibility laws under S.D. Codified Laws § 32-35-113. While a pure point suspension does not always mandate a 3-year SR-22 filing for full reinstatement after the suspension expires, applying for a restricted work permit during the suspension period-or reinstating after an accompanying insurance or judgment violation-requires your insurer to file Form SR-22, South Dakota, Department of Public Safety, Financial Responsibility Insurance Certificate. Furthermore, in Swanson v. Department of Commerce and Regulation, 417 N.W.2d 385 (SD Supreme Court 1987), the South Dakota Supreme Court ruled in favor of the state licensing agency, affirming that drivers who fail to timely request an administrative hearing within 30 days or who have disqualifying repeat offenses can be lawfully denied a restricted driving permit.

Step-by-Step Process to Restore Your South Dakota License

Step 1: Audit Your Driving Record and Notice of Suspension

Order your official driving abstract using Form Personal Driver License Record Request, South Dakota, Department of Public Safety, Personal Driver License Record Request to verify that every conviction falls within the 12-month or 24-month calculation window and that multiple tickets from a single stop were not double-counted. If you spot an error, file a written request for an administrative hearing before the South Dakota Office of Hearing Examiners, Pierre within the deadline stated on your notice.

Step 2: Apply for a Restricted Work or School Permit (If Eligible)

If this is your first point suspension in 24 months, submit Form Application for Restricted Driving Permit, South Dakota, Department of Public Safety, Application for Restricted Driving Permit along with employer or school verification and proof of continuous liability insurance to the South Dakota Department of Public Safety, Driver Licensing Program, Pierre.

Step 3: Serve the Required Suspension Period Without Violations

Comply strictly with the 60-day, 6-month, or 1-year suspension term. Driving outside the hours or routes of a restricted permit is a misdemeanor that triggers an additional suspension extension.

Step 4: File Proof of Financial Responsibility (If Required)

If your suspension order or restricted permit requires high-risk insurance verification, have your auto insurance carrier electronically transmit Form SR-22, South Dakota, Department of Public Safety, Financial Responsibility Insurance Certificate directly to the DPS in Pierre.

Step 5: Pay Reinstatement and Application Fees at a Driver Exam Station

Once your suspension period expires, visit the South Dakota Driver Exam Station, Sioux Falls, the South Dakota Driver Exam Station, Rapid City, or your local exam office, or use the SD DPS online portal if eligible. Submit Form Driver License and ID Card Application, South Dakota, Department of Public Safety, Driver License and ID Card Application and pay your statutory reinstatement and licensing fees.

How Much Does It Cost in South Dakota?

• Standard Point Suspension Reinstatement Fee: $75 pursuant to S.D. Codified Laws § 32-12-47.1 (or $125 if the revocation resulted from eluding or a second reckless driving conviction within one year).
• Driver License Application / Issuance Fee: $38 mandatory fee under S.D. Codified Laws § 32-12-16, bringing the standard total at the counter to $113.
• Restricted Work/School Permit Fee: Typically requires the $20 duplicate/restricted card issuance fee plus applicable reinstatement processing.
• SR-22 Filing and Insurance Premium Increase: Insurance companies usually charge a $15 to $25 filing fee for an SR-22 certificate, plus higher monthly premiums for 3 years if required.
• Traffic Defense Attorney Fees: Hiring a local South Dakota traffic lawyer to contest a pending ticket before conviction or represent you at an administrative hearing generally costs $350 to $1,200.

How Long Does the Process Take?

• Suspension Duration: 60 days for a first offense, 6 months for a second offense, and 1 year for a third or subsequent offense within 48 months under S.D. Codified Laws § 32-12-49.3.
• Restricted Permit Processing: Applications submitted to the Pierre central office are generally reviewed and issued within 5 to 10 business days.
• Final Reinstatement: Once your suspension period ends, paying the $113 total fee in person at a South Dakota Driver Exam Station restores your driving privilege the same day.

If a new traffic ticket threatens to push you over the 15-point limit, contact a local South Dakota traffic defense lawyer from our directory before paying the fine to explore plea reductions that keep your license valid.

Frequently Asked Questions (FAQ)