South Dakota Cell Phone Law: Hands-On Use, Texting and Teen Permit Rules

What counts as using a phone while driving in South Dakota?

A "mobile electronic device" is any hand-held or portable device that can send voice or data between people or give amusement. That includes a cell phone, text messaging device, pager, laptop, tablet and electronic game, and equipment that plays video, takes photographs or records video.
To "operate" a vehicle means to drive it or take physical control of it on a highway. Social media is banned too: you may not access, read or post to any web-based service where people build a profile and talk with other users.
The law bans hands-on use of the device and then lists exceptions, which are in the table below.

Can you use your phone at a red light or stop sign in South Dakota?

Not for texts or social media. A stop for traffic, a red light or a stop sign still counts as operating the vehicle, so the same rules apply as when you move. The exceptions for calls, voice mode and navigation stay, and the ban on texts stays too. If you must send or receive a text, pull over to a safe location and park first. Test yourself with our free question on what to do with a text at a red light.

What is the penalty, and can an officer take your phone?

Both the mobile device ban and the social networking ban are Class 2 misdemeanors. A Class 2 misdemeanor carries up to 30 days in county jail or a $500 fine, or both.
An officer may not seize your phone to prove that you broke the phone rule or the social networking rule. An officer may seize a device only when the search and seizure rules in chapter 23A-35 are met.

Phone rules for teens on a South Dakota permit

For permit holders the rule is wider. No holder of an instruction permit or a restricted minor's permit may use "any type of wireless communication device" while operating a motor vehicle on public highways. The Driver License Manual says this includes a cell phone, a text messaging device and a laptop. Because the ban covers any type of device, the call, voice and navigation exceptions do not help a permit holder. See our free question on a phone call on a permit.

What happens if a teen on a permit uses a phone?

An officer enforces the permit phone ban as a secondary action. A conviction for a violation of the permit conditions means a 30-day suspension. For a violation before age 16, a second conviction means suspension until the 16th birthday or for 180 days, whichever is longer. Our guide to teen driver penalties explains the other suspensions.

1. 1
   Set up before you move

   Enter your destination in the navigation feature while you are lawfully parked. Manual entry while you drive is not allowed.

2. 2
   Use voice or hands-free mode

   Let the phone read or answer by voice. Your hands may only turn a feature on or off.

3. 3
   Park to text

   If a message cannot wait, pull over to a safe location and park. A lawfully parked vehicle is not operating under the phone rule.

4. 4
   Hand the phone to a passenger

   Pick a "designated texter" to handle your messages when passengers ride with you.

5. 5
   Put the phone out of reach

   If you cannot resist a look at the phone, keep it in the trunk. You are responsible for operating your vehicle safely.

Will South Dakota pass a hands-free law?

Not yet. In 2025, House Bill 1117 would have allowed a phone only in hands-free mode, and the House voted it down 29 to 39. In 2026, House Bill 1010 would have changed the phone rule again, and it failed in the House 21 to 46. The rule in SDCL 32-26-47.1 stays as the table above shows.

South Dakota cell phone law: common questions