Ticket Fines and Penalties in South Dakota

South Dakota Traffic Ticket Fines and Costs

SD traffic ticket fines vary by violation, but each violation’s fine is the same throughout the state.

Some citations include fine information; others do not, because the violation isn’t included on the state’s bond schedule. For these violations, you must appear in court.

For more information about traffic ticket fines, contact your court or look at the state’s Fine and Bond Schedule, updated yearly.

NOTE: Refer to Lost SD Traffic Tickets if you’re not sure whether your ticket included a fine amount or not.

Court Costs and Other Surcharges

Generally, court costs are the same throughout the state, but costs might vary by court type (for example, a Circuit Court may charge more than a Magistrate Court).

DWI Surcharges

DWI surcharges are based on the offense number:

• First Offense: Up to $1,000.
• Second Offense: Up to $1,000.
• Third Offense: Up to $2,000.

First and second offense DWI charges are misdemeanors, handled in Magistrate Court; a third offense is a felony and handled in Circuit Court.

Learn more at SD DWI.

Suspension Reinstatement Fee

If your violation results in a license suspension or revocation, or gives you enough points for license suspension, you’ll eventually have to pay a $50 reinstatement fee.

Auto Insurance Rate Increase

It’s likely your auto insurance provider will increase your rates after a traffic violation; actually, you’ll probably see the increase the next time you renew your policy.

The good news is, you can start comparing car insurance rates online now, and find a more affordable policy before that time rolls around.

South Dakota Traffic Ticket Penalties

South Dakota suspends and revokes driver’s licenses for a variety of traffic- and other violations.

SD Driver’s License Suspension, Revocation, Withdrawal, and Cancellation

License Suspension: Suspension means a temporary loss of your driving privileges due to a traffic violation, accumulation of points, or some other related offense. Usually, drivers don’t have to re-test in order to reinstate their licenses.

License Revocation: Revocations are similar to suspensions; however, typically they last longer, are associated with more serious offenses, and require testing for license reinstatement.

License Cancellation: Outright license cancellation isn’t as common a penalty in South Dakota as suspension and revocation are, but the state can cancel the license of any driver it determines shouldn’t be licensed or is unfit to drive.

Check the first section of the South Dakota Driver License Manual, “The Driver License,” for more information about suspensions and revocations.

For now, examples of violations that can result in license suspension or revocation include:

• DWI-related violations.
• Eluding law enforcement.
• Driving with an already suspended, revoked, canceled, or denied driver’s license.
• Commission of a felony with a vehicle.
• Causing death with a vehicle.

NOTE: See “Penalties for Drivers Younger than 21,” below, for information on how young drivers lose their driving privileges.

Point Accumulation Suspension

With the exception of speeding tickets, all violations carry points; accumulating too many points results in license suspension.

If you accumulate 15 points in 12 consecutive months, or 22 points in 24 consecutive months, your license is suspended for a period determined by the offense number:

• First Offense: 60 days.
• Second Offense: Six months.
• Third and Subsequent Offenses: One year.

Refer to SD DPS Point System.

Penalties for Drivers Younger than 21

Overall, drivers younger than 21 deal with a few stricter restrictions and penalties.

DWI

Per the state’s Zero Tolerance Law, drivers younger than 21 aren’t allowed to drive with a BAC of 0.02% or higher. Doing so results in license suspension.

• First Offense: 30 days.
• Second and Subsequent Offenses: 180 days.

Younger than 18

Younger than 16

Receiving a violation with a restricted minor’s permit results in license suspension:

• First Conviction: 30 days.
• Second Conviction: 90 days, or until you turn 16, whichever is longer.

If your violation is a Class 1 misdemeanor or a felony, your license suspension lasts until you turn 16.

16 or 17 Years Old

You’ll receive a 30-day license suspension for each conviction of violating your license restrictions.

Also, you can’t move on to your full operator’s license if you’ve gotten a traffic conviction within six months of applying.

Penalties for South Dakota Commercial Drivers

Every CDL holder must notify his employer within 30 days of receiving a violation.

The following nationwide penalties for CDL holders are set forth by the Federal Motor Carrier Safety Administration (FMCSA):

Major Offenses

Committing any of the following major offenses results license suspension or disqualification for one year:

• Driving any vehicle with a BAC of 0.08% or higher.
• Operating a commercial motor vehicle (CMV) with a BAC of 0.04%.
• Refusing to submit to a sobriety test.
• Leaving the scene of an accident.
• Commission of a felony with the vehicle.
• Driving a CMV with a suspended, revoked, or canceled CDL.
• Negligent driving resulting in fatality.

Serious Offenses

The following are considered serious offenses:

• Speeding 15 miles or more over the limit.
• Reckless driving.
• Improperly lane change.
• Following too closely behind another vehicle.
• Driving a CMV without having a CDL.
• Driving a CMV without having your CDL in your possession.
• Driving a CMV without the proper CDL endorsement.
• Violating a state law of texting while driving.

Multiple offenses bring serious penalties:

• Second Offense: You’ll lose your license for 60 days.
• Third Offense: You’ll lose your license for 120 days.

CDL Disqualifications

You can lose your license for 180 days if you violate a driver or vehicle out-of-service order while transporting―

• Nonhazardous materials.
• Hazardous materials required to be placarded, or while driving a vehicle designed to transport 16 or more passengers.