How to Get Your License Back After a DWI in South Dakota

South Dakota Codified Law § 32-23-1 defines a South Dakota DWI as the criminal offense of being in physical control of any motor vehicle while under the influence of alcohol or any controlled drug or substance. DWI in South Dakota carries several serious consequences, including prison time, hefty fines, and revocation of the driver's license, even for a first offense. In South Dakota, the government agency in charge of handling driver's licensing and DWI offenses is the Driver Licensing Office of the South Dakota Department of Public Safety.

Step 1: Know the Terms of Your Suspension

The length of a license suspension and other penalties for a DWI in South Dakota typically depend on the type of offense and the number of prior DWI convictions on the driver's record.

Restricted licenses may be available during the suspension if the driver meets certain conditions, such as enrolling in or completing the DWI chemical dependency program. There is no standard IID installation time; the courts and Driver's Licensing Office will assign it on a case-by-case basis. Typically, drivers may apply for reinstatement after they have completed all court-mandated penalties, including fines, jail time, and license suspensions.

Step 2: Fulfill Court and DMV Requirements

The courts and the Driver Licensing Office both impose penalties on DWI offenders that are similar and distinct. The main difference is that the court handles mostly criminal punishments, while the Driver Licensing Office hands down administrative punishments, such as license suspensions and attendance of DWI programs. Administrative penalties may not require a conviction and may happen immediately. A court penalty, such as a license suspension, is not the same as a DMV suspension. Sometimes, these punishments may be faced at the same time, and there may be separate conditions for completion.

After a conviction for a DWI, the driver may receive a combination of the following criminal penalties:

• Fines based on prior convictions and the severity of the crime
• Prison time or community service
• Mandatory attendance at sobriety treatments or DWI education programs
• IID installation and maintenance at the driver's cost

Administrative penalties imposed by the state driver licensing office include the following:

• License suspensions
• Obtaining proof of insurance(SR-22)
• Reinstatement fees
• Enrollment in DWI programs

Step 3: Complete a DWI Education or Treatment Program

In South Dakota, DWI convicts are typically mandated to serve some type of DWI program. Such programs aim to educate DWI offenders about the consequences of such acts and to dissuade future occurrences. At the end of these programs, the offender is given a completion certificate that may be useful during future hearings or license reinstatement applications. Some programs in South Dakota include the following.

24/7 Sobriety Program

This program aims to ensure the offender is always sober and is an alternative to jail, a probation requirement, or a bond condition. It requires that offenders register with the local sheriff and appear for testing or submit samples for Blood Alcohol Content tests twice a day. The tests are all paid for by the offender at testing time and include the following:

• Breathalyzer tests - approx. $30 registration and $1 to $2 per test
• Urine tests- $10 per test plus additional lab fees
• Remote Breathalyzer devices- approx. $80 installation fee and $5 per day maintenance
• Drug Patches- $50 per patch every 10 to 14 days
• Secure Continuous Remote Alcohol Monitoring(SCRAM) ankle monitor- $40 install fee and $6 per day maintenance fee

Alcohol Abuse Awareness/DUI education classes

These are typically online programs required to satisfy court-ordered substance abuse education requirements. The offender may inquire at the local courts about approved providers. Enrollment is done online for the number of hours mandated by the courts. Prices will vary according to the provider but range from $140-$175 for 8 hours, $190 for 12 hours, $275 for 16 hours, and $325 for 24 hours. At the end of the classes, the offender will be issued a completion certificate that is submitted to the court.

Dependency Evaluation and Treatment Programs

This involves outpatient sessions where the offender is evaluated by a court-mandated counsellor certified by the courts. The court will provide a list of certified providers who will recommend treatments after the sessions. Prices range from $75 to $500 based on how many sessions.

Victim Impact Panels

The DWI convict may be mandated to attend 1 to 2-hour presentations from victims of DWI incidents and tragedies. This is usually sold attached to other programs. Prices typically start from $55 per presentation.

Step 4: Get SR-22 Insurance or Equivalent

In South Dakota, DWI offenders are required to obtain SR-22 insurance from their provider. This is also known as a certificate of financial responsibility. It is filed with the State Department of Public Safety(SDDPS), not as insurance but as proof that the driver meets the state's minimum auto liability insurance requirement. To obtain an SR-22, an insurance package that meets the state's minimum requirements must be obtained, and the insurer must file an SR-22 with the SDDPS, then pay the filing fee. Filing fees may vary from $25 to $200, depending on the insurer, and are usually added to the insurance premiums. In South Dakota, the SR-22 must be continuously maintained for 3 years to be considered valid.

Step 5: Pay Reinstatement Fees

The reinstatement fee to obtain a driver's license after a DWI in South Dakota will typically depend on the circumstances of the case. It will typically cost between $75 and $225. An estimated breakdown is given below:

• $50 is the standard reinstatement fee
• $100 for a DUI conviction
• S150 if a test refusal was involved
• $200 for felony DUI offenses or Repeat Offenses
• $38 standard license renewal fee may be added
• Testing fee (vision, knowledge, road) and tests will be required if the license has expired.

Applicants for reinstatement are advised to contact the Driver Licensing Office at the Department of Public Safety for accurate fees or other inquiries at (605) 773-3178.

Payments may be made at any of the Driver's Licensing Office locations in person. Appointments may also be Scheduled Online if necessary. Payment is accepted in cash, check, or money order payable to the Department of Public Safety, and credit or debit card. An administrative fee of $2 or 2.95% whichever is more, is charged on all payments by credit/debit card.

Step 6: Submit Your License Reinstatement Application

To reinstate a South Dakota driver's license after a DWI, the applicant must have completed all the court and DMV requirements, including the following:

• Pay all court fines and costs.
• Attend all DUI programs and classes
• Install the IID device if ordered
• Obtain proof of SR-ss certificates
• Pay reinstatement and license renewal fees
• Complete all ordered driving tests (vision, knowledge, etc.)

South Dakota drivers may check their Driving Status online to see if they are eligible.
To apply for reinstatement, applicants may follow these steps:

• Schedule an appointment at any of the Driver's Exam Locations
• Bring the following. Valid ID, SR-22 certificate, proof of completing DUI programs, and reinstatement fees
• Take any of the required driving tests

The Driver's License Application Form and the above documentation, including payment for reinstatement and renewal in the form of a check or money order made out to the SDDPS, may also be mailed to:

Driver Licensing Program
118 West Capitol Ave
Pierre, SD 57501

What If You're Denied License Reinstatement in South Dakota?

Common reasons for denial of reinstatement in South Dakota include the following:

• Unpaid fines
• Incomplete suspension or revocation period
• Lack of SR-22 insurance
• Pending penalties from test refusals
• Pending charges for similar DUI cases

If denied, the first thing to do is contact the Driver Licensing Program for clarification in writing. The next step is to request an administrative hearing if the refusal was an administrative issue. The request should be sent within 120 days of receiving initial notice of the refusal. There may be a hearing where the applicant may be required to give testimony or evidence. It may be prudent to retain counsel to help with the appeal.

If denied reinstatement in South Dakota, the applicant must wait for a year before reapplying; if denied twice in a row, the waiting time increases to 3 years.

Hardship Licenses: Driving with Limited Privileges

In South Dakota, a restricted or hardship driver's license allows eligible people who have had their regular license revoked or suspended after a DUI offense to drive for important tasks, including work, medical visits, and school. Issuance of this license is not a given and is typically at the discretion of the South Dakota Department of Public Safety.
Eligibility criteria for a Hardship License in South Dakota include the following:

• License suspended after DUI conviction or chemical test refusal
• No pending offenses in court or unpaid court fines and fees
• Court approval may be required
• SR-22 insurance certificate filed with the state
• Enrollment or completion of the 24/7 sobriety program

To apply for the license, the applicant may contact the driver's licensing office for a form. Complete the form, including all the necessary documentation such as an SR-22 certificate, school ID, or job verification. Submit and pay the required fees. The DPS will generally contact the applicant with a decision after reviewing the application. For any inquiries, applicants may call the office at (605) 773-6883.

Limitations of a restricted license in South Dakota include no unapproved movement, only those specified by the license(school, hospital, work, court-ordered trips only), 24/7 surveillance and testing, and installation of an IID may be required.

How Long Does It Take to Get Your License Back After a DWI?

The time taken to reinstate a license in South Dakota typically depends on the history of prior DWI offenses and the applicant's compliance with all court and DMV requirements. The table below gives a reasonable estimate of reinstatement time after all compliance.