South Dakota Teen Driver Penalties: Permit Suspensions, Points and Tickets
What happens if a teen on a South Dakota permit gets a ticket?
Under South Dakota law, a conviction, not the ticket alone, starts a permit suspension. For a teen under 16 on a permit, a first Class 2 misdemeanor traffic conviction, or a first conviction for breaking a permit rule, means 30 days. A second conviction of the same kind, or a felony or Class 1 misdemeanor, means 180 days or until the 16th birthday, whichever is longer.
Where these South Dakota facts come from
The suspension schedule comes from South Dakota Codified Laws (SDCL) 32-12-15. The teen rules and the parent cancellation rule come from the Department of Public Safety (DPS) teen drivers page and its Teen Driver Pamphlet. The points suspension periods, the Zero Tolerance rules and the testing rule come from the current South Dakota Driver License Manual. The other laws come from SDCL chapters 22-6, 32-12 and 32-26, and the fees from the DPS fees page. This guide is current as of 2026. Confirm the rules with the South Dakota Department of Public Safety (dps.sd.gov) before you drive.
Why a South Dakota permit can be suspended
South Dakota issues every instruction permit and restricted minor's permit on a probationary basis. When DPS receives a record of conviction for a violation committed on a permit before the 16th birthday, it must suspend the teen's driving privileges on a fixed schedule. The schedule covers two kinds of conviction: a traffic violation, and a violation of the permit rules, such as the hour, supervision, passenger and phone limits. Each period applies "or as otherwise required by law," so another law can set a different term. A separate law also gives a 30-day suspension for any conviction for breaking permit conditions.
South Dakota permit suspension schedule for drivers under 16
| Conviction (violation on a permit, before age 16) | Suspension |
|---|---|
| Felony or Class 1 misdemeanor traffic conviction | 180 days or until the 16th birthday, whichever is longer |
| First Class 2 misdemeanor traffic conviction, or a similar moving violation under a county or city ordinance | 30 days |
| First conviction for breaking permit conditions | 30 days |
| Second Class 2 misdemeanor traffic conviction, or a second similar ordinance conviction | 180 days or until the 16th birthday, whichever is longer |
| Second conviction for breaking permit conditions | 180 days or until the 16th birthday, whichever is longer |
Which South Dakota rule applies to your teen?
Permit rules that can lead to a suspension
- No phone of any type. A holder of an instruction permit or restricted minor's permit may not use any type of wireless communication device while driving. Our free question on phones and permit holders covers the hands-free case.
- Passenger limits. For the first six months on a restricted minor's permit, only immediate family or household members may ride. After that, the limit is one passenger under 18 who is not family or household. These limits do not apply when a parent or guardian, or a household member 18 or older with one year of driving experience, rides along.
- Hours and supervision. Driving alone on an instruction permit, or driving outside the allowed hours, breaks the permit rules. Check the restricted minor's permit rules for the hours and the exceptions.
South Dakota driver license points by offense
| Moving traffic offense | Points per conviction |
|---|---|
| Driving while intoxicated | 10 |
| Reckless driving | 8 |
| Eluding or attempting to elude a police officer | 6 |
| Drag racing | 6 |
| Failure to yield right-of-way, improper passing, or driving on the wrong side of the road | 4 |
| Stop sign or light violation | 3 |
| Other moving offenses | 2 |
When do South Dakota points lead to a suspension?
The point system applies to every driver, not only teens. A driver with 15 points within 12 consecutive months, or 22 points within 24 consecutive months, is subject to suspension. The manual gives 60 days for a first points suspension, 6 months for a second and 1 year after that. When one incident leads to several offenses, only the offense with the highest points counts. Speeding, parking and equipment violations carry no points.
Alcohol penalties for drivers under 21
The manual says a driver under 21 can be arrested for alcohol impairment at 0.02 percent. Under this Zero Tolerance rule, a first offense is a Class 2 misdemeanor with a fine and a 30-day loss of license. A second or later offense brings a fine and a 180-day loss. A separate law covers an alcohol violation under SDCL 35-9-2 in a vehicle by a driver under 21: the court must suspend the license for 30 days for a first offense, 180 days for a second and one year for a third or later. Try our free under-21 alcohol question.
How serious is a misdemeanor in South Dakota?
| Class | Maximum penalty | Examples in this guide |
|---|---|---|
| Class 2 misdemeanor | Up to 30 days in county jail, a $500 fine, or both | Zero Tolerance (under 21, 0.02 percent); use of a mobile electronic device while driving, for any driver (hands-free use is an exception) |
| Class 1 misdemeanor | Up to one year in county jail, a $2,000 fine, or both | First offense of driving while intoxicated (0.08 percent or more) |
How a teen gets a South Dakota permit back
- 1Wait for the suspension to end
The period starts on the earliest of three dates: the date the court orders, the date in the DPS notice, or the date a suspension for failure to comply with a ticket takes effect. DPS cannot restore the permit before the period ends.
- 2Apply at a driver exam station
When the suspension is over, the teen may apply at the local driver exam station for a duplicate license.
- 3Check whether a reinstatement fee applies
After a suspension under the teen schedule, the law requires no reinstatement fee, unless the conviction was for a moving offense with six or more points, such as reckless driving. DPS lists reinstatement fees of $75 to $225 and asks you to call (605) 773-6883 to learn your amount.
Key takeaways
- Under 16 on a permit, a first Class 2 misdemeanor traffic conviction or a first permit-rule conviction means a 30-day suspension.
- A second conviction of the same kind, or a felony or Class 1 misdemeanor, means 180 days or until the 16th birthday, whichever is longer.
- A teen under 18 with no permit faces the same terms, and the conviction goes on the driving record.
- Any driver with 15 points in 12 months or 22 points in 24 months is subject to suspension. Speeding carries no points.
- Next step: practice on the free South Dakota operator license practice test.
South Dakota teen driver penalties: common questions
Can a parent cancel a teen's South Dakota permit?
Yes. DPS says a parent or guardian may cancel a teen's permit or license with a written request. The Teen Driver Pamphlet adds that the parent or guardian who signed for the permit or license may ask for the cancellation while the teen is under 18. The DPS teen drivers page lists a Minor's Permit or License Cancellation Form.
Does an out-of-state ticket count on a South Dakota driving record?
Yes, for points. The South Dakota Driver License Manual says points are assessed on out-of-state convictions as if they happened in South Dakota. A conviction on a trip to another state therefore adds to the 15-point or 22-point total that makes a driver subject to suspension.
Can you ask for a hearing before a points suspension in South Dakota?
Yes. The manual says a hearing is provided before a points suspension if the driver asks for one. This applies to a suspension under the point system, at 15 points in 12 consecutive months or 22 points in 24 consecutive months. Call DPS at (605) 773-6883 to ask how to request it.
Can a teen drive to school or work during an alcohol suspension?
Yes, if the court allows it. For a suspension under SDCL 32-12-52.4 (an under-21 alcohol violation in a vehicle), the court may issue an order that allows driving for work, school or counseling programs. The driver must first give proof of financial responsibility. Only the court can give this order.
Does a teen have to retake the tests after a suspension?
Not after a suspension alone. The manual says no testing is required after a suspension unless the license has expired. A revocation is different: SDCL 32-12-47.1 asks for a knowledge test after certain revocations. If the permit expired during the suspension, ask DPS which tests apply.
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