South Dakota Driving Records

The South Dakota Department of Public Safety (DPS) ensures the safety and well-being of the state's residents and visitors.

Through its various agencies, the DPS coordinates homeland security efforts, provides highway patrol services, manages emergency response plans, and offers critical services such as driver licensing, driving records, and fire prevention.

The department also focuses on highway safety, accident analysis, and victim support services. These diverse responsibilities reflect the DPS's comprehensive approach to public safety.

The DPS adheres to the Driver Privacy Protection Act (DPPA) regarding public access to driving records. This federal law restricts the disclosure of personal information in motor vehicle records to protect drivers' privacy.

Types of Driving Records Available in South Dakota

South Dakota offers various driving records to meet different needs and requirements. These records provide valuable information about a driver's history, including traffic violations, accidents, and license status.

Full Driving History

The full driving history record provides a comprehensive overview of a driver's entire record since they first obtained their license in the state.

In addition to traffic-related transactions and violations, it shows any completed driver improvement courses or other relevant actions taken by the DPS.

Only the record holder or driver may request this history.

Three-Year Driving History

South Dakota's three-year driving history offers a more concise report, focusing on the recent three years. It provides a snapshot of a driver's recent behavior on the road and often suffices for insurance purposes or employment background checks.

Three-Year Commercial Driver's License (CDL) History

The three-year CDL history caters specifically to commercial drivers. This specialized report covers the past three years of a CDL holder's driving record. It covers any violations of commercial driving regulations, accidents involving commercial vehicles, and specific endorsements or restrictions on the CDL.

How To Request a South Dakota Driving History Report?

Individuals and companies can request certified abstracts of driving records. Every request requires a $5 payment and an additional $2 processing fee for credit card payments. Government entities are exempted from paying the request fee.

Here are the different methods to request a driving history report:

In Person

Individuals and companies can retrieve three-year driving records in person at a Driver Exam Station in South Dakota. They must bring proof of identity and an exact change or a personal check for the fee per record. Requestors are limited to a maximum of five records per visit.

Note that personal or individual requests have a different form from those of a business entity.

Fax

Driving record requests can be submitted via fax. The requestor must complete the appropriate request form and call DPS to make the payment over the phone. Here are the important numbers individuals or business entities need for their requests:

Fax: 605-773-3018
Phone Payment: 605-773-6883

The record will then be faxed to the requestor's provided number.

Email

Another option is to email the completed form to the official email address: dpsmvrs@state.sd.us.

Similar to the fax method, the requestor must settle the payment of the request fee over the phone. The record will then be sent to the provided return email address.

By Mail

Driving record requests can be submitted by mail to the following address:

Driver Licensing Program

118 West Capitol Avenue

Pierre, SD 57501

The requestor must include the completed form and the request fee in a check or money order. The request cannot be processed without payment. The report will be sent to the return address that the requestor indicates in the form.

Uses of South Dakota Driving Records

Driving records serve multiple purposes across various sectors. Individuals and organizations should understand the allowed uses and restrictions of these records to navigate the complexities of accessing this information.

Personal Use

Individuals can request their driving records for personal review, which allows drivers to verify the accuracy of their records, prepare for potential employment opportunities, or assess their insurance risk.

Insurance Risk Assessment

Insurance companies frequently access driving records to assess risk and determine premium rates for auto insurance policies. The law permits insurers to review an individual's driving history when deciding whether to issue or renew a policy subject to the DPPA limitations.

Legal Proceedings

Courts and legal professionals may access driving records as evidence in legal cases. These records can be crucial in traffic violation hearings, DUI (driving under the influence) cases, or civil litigation involving motor vehicle accidents. The information contained in driving records often provides objective data to support or contest claims in legal proceedings.

Government Data Analysis

Government agencies use driving records for official purposes, and law enforcement agencies may access them during traffic stops or investigations.

The DMV uses this information for administrative purposes, such as license renewals or suspensions. These official uses help maintain public safety and effectively enforce traffic laws.

Commercial Transportation

Companies in the commercial transportation sector rely on driving records to comply with federal and state regulations. The state requires these companies to review the driving records of their commercial drivers regularly.

This practice ensures that commercial drivers meet the necessary safety standards and helps companies maintain compliance with transportation laws.

Understanding South Dakota Driving Laws

Driving laws in South Dakota are ways to maintain public safety. There are a lot of laws, but here are some of the most important ones that every driver must know:

General Requirements for Getting a Driver's License

To obtain a driver's license, applicants must meet specific criteria.

The DPS requires individuals to provide proof of identity, residency, and Social Security Number. Applicants must pass a vision test, a written knowledge exam, and a driving skills test.

New drivers under 18 must complete a driver education course and hold a learner's permit for at least 180 days before taking the road test. South Dakota also implements a graduated driver's licensing system so that young drivers can gain experience gradually.

Move Over

The Move Over law mandates specific actions for motorists approaching stopped emergency vehicles.

Drivers must stop when nearing any stationary authorized emergency vehicle that is using red visual signals. Motorists must move over and reduce speed when passing vehicles with amber or yellow flashing lights.

On multi-lane highways, drivers should merge into the farthest lane from the stopped vehicle. For two-lane roads, drivers must slow down to at least 20 miles per hour (mph) below the posted limit or five mph in 20 mph zones. Violations can result in fines and potential jail time.

School Bus Safety

Motorists must stop when encountering a school bus with flashing red lights, maintaining a minimum distance of 15 feet. These signals indicate the bus is loading or unloading children.

Amber flashing lights serve as a pre-warning, requiring drivers to slow down to under 20 mph and proceed cautiously. Failure to comply with these regulations can lead to citations and substantial fines.

Speed Limits

The state enforces specific speed limits to ensure road safety. The general maximum speed on streets and highways is 65 mph, increasing to 80 mph on interstate highways with some exceptions.

Driving below 40 mph on interstates without proper authorization is prohibited to maintain traffic flow. The state prohibits unreasonably slow speeds that impede normal traffic movement, though reduced speeds are permitted when necessary for safe operation or legal compliance.

DUI Laws

Drivers with a blood alcohol concentration (BAC) of 0.08% or higher are considered under the influence. However, individuals can face DUI charges even with lower BAC levels if alcohol visibly impairs their driving ability.

The law applies to anyone physically controlling a vehicle, not just those actively driving. Penalties for DUI offenses include fines, license revocation, mandatory sobriety testing and education, and potential jail time.

The Points System in South Dakota

A point system penalizes drivers for traffic violations, and South Dakota is one of the states that uses this mechanism. The DPS assigns specific point values to various moving traffic offenses.

Point Allocation

The DPS allocates points based on the severity of the offense. DUI carries the highest penalty of ten points, while reckless driving adds eight points to a driver's record. Eluding a police officer and drag racing each result in six points.

Less severe offenses like failing to yield the right-of-way, improper passing, and driving on the wrong side of the road incur four points each. Violations of stop signs or traffic lights add three points, and other moving offenses contribute two points.

The point system does not include speeding, parking, equipment, or size and weight infractions.

Consequences and Penalties

Accumulating violation points within a specific period leads to driving privilege suspensions. The DPS may issue warning letters to drivers who accumulate half the points required for suspension.

Drivers who accumulate 15 points within 12 consecutive months or 22 points within 24 consecutive months face license suspension.

Suspension durations increase with each occurrence as follows:

60 days for the first suspension
Six months for the second
One year for the third and subsequent suspensions

First-time offenders may be eligible for restricted licenses for specific purposes, such as going to an employment location or school.

However, this restricted option is unavailable for repeated suspensions within 24 months.

Criminal vs. Civil Driving Offenses in South Dakota

In South Dakota, driving offenses are categorized as criminal or civil. This distinction affects the legal process, potential penalties, and long-term consequences for offenders.

Criminal Driving Offenses and Penalties

Criminal driving offenses are more serious violations that can result in jail time, hefty fines, and long-term consequences. These offenses are further divided into felonies and misdemeanors, with felonies being the most severe.

Felony Driving Violations

Circuit courts in each county handle felony traffic violations. The state classifies nine levels of felonies, ranging from Class A (most severe) to Class C and Class 1 to Class 6 (least severe). Penalties for felonies can include prison time and fines.

For example, a Class A felony can result in life imprisonment and fines up to $50,000, while a Class 6 felony can lead to up to two years in jail and fines up to $4,000.

Examples of felony driving offenses are vehicular homicide, fleeing from law enforcement (Class 6 felony), and unauthorized possession of vehicle documents (Class 6 felony).

Misdemeanor Driving Violations

Traffic misdemeanors are less severe than felonies. These cases are typically resolved in county magistrate courts. The state categorizes misdemeanors into two classes:

Class 1 misdemeanors: up to one year in jail and fines up to $2,000
Class 2 misdemeanors: up to 30 days in jail and fines up to $500

Examples of misdemeanors are ignoring roadblocks, failing to stop at weighing stations for vehicles over 10,000 pounds, and unauthorized handling of another person's vehicle.

Civil Driving Offenses and Penalties

Civil driving offenses or traffic infractions are the least severe violations. These offenses typically do not result in jail time but may lead to fines and license suspension.

Examples of civil driving offenses include improper parking, loitering, running red lights, passing school buses illegally, and making illegal U-turns. While these infractions are minor, repeated violations can lead to more severe consequences, such as higher violation points, longer license suspension, and costlier fines.

South Dakota Driving Statistics and Goals

The DPS closely monitors driving statistics and traffic data and sets goals to improve road safety. The department's analysis of recent data reveals trends and areas for improvement.

Driving Statistics

South Dakota experienced troubling increases in several traffic crash indicators between 2019 and 2021. Total traffic fatalities rose from 102 to 148, with fatalities per 100 million vehicle miles traveled (VMT) also showing a significant increase. Specific areas of concern are as follows:

A 19.2% increase in serious injuries, from 520 in 2019 to 620 in 2021.
A 71.0% rise in unrestrained passenger vehicle occupant fatalities, from 38 to 65.
An 85.7% increase in fatalities involving drivers with a BAC of .08 or above, from 28 to 52.
A 45.8% increase in speeding-related fatalities, from 24 to 35.

Goals and Campaigns

The South Dakota Office of Highway Safety (SDOHS) has established several public engagement goals to improve highway safety outcomes. Here are some of these goals:

Increase the quantity and quality of engagements with community partners
Expand engagement efforts beyond usual partners by focusing on communities with higher relative crash risks
Involve organizations best positioned to address specific concerns

To achieve these goals, the SDOHS has implemented accessibility measures. The office holds informational workshops in multiple locations (Pierre, Rapid City, Aberdeen, and Sioux Falls) to ensure convenient access. Lastly, it offers a virtual workshop option for those unable to attend in-person sessions.

Frequently Asked Questions About South Dakota Driving Records

If individuals still have questions, here is a list of questions that might help them.

Can a Driver Request Expungement or Sealing of Traffic Violations?

Expungement and sealing are possible. However, the outcome of these requests depends on many factors, such as age, the severity of the offense, the time the offense was committed, and convictions.

How Can an Offender Reduce Violation Points in a Driver’s Record?

Violation points remain on a driver's record for three years and cannot be reduced. However, drivers can prevent accumulating additional points by following driving laws. Moreover, offenders must avoid driving during suspension periods and complete any required reinstatement processes to regain driving privileges.

What is the South Dakota Marsy’s Law?

Marsy's Law enumerates the rights of a victim of a violent crime. When victims invoke these rights, some crash records and details might not be available.

Helpful Links and Resources

Here are some helpful links and resources on codified driving laws and driving manuals:

Complete codified law on speed regulations: https://sdlegislature.gov/Statutes/32-25
Complete codified driving laws: https://sdlegislature.gov/Statutes/32
Information about Marsy’s Law: https://sdlegislature.gov/Constitution/6-29
Driving manuals: https://dps.sd.gov/application/files/9717/0863/8492/sd-driver-manual-rev-12-2023.pdf

Counties in South Dakota

List of Content

Types of Driving Records Available in South Dakota
How To Request a South Dakota Driving History Report?
Uses of South Dakota Driving Records
Understanding South Dakota Driving Laws
The Points System in South Dakota
1. Point Allocation
2. Consequences and Penalties
Criminal vs. Civil Driving Offenses in South Dakota
1. Criminal Driving Offenses and Penalties
2. Civil Driving Offenses and Penalties
South Dakota Driving Statistics and Goals
1. Driving Statistics
2. Goals and Campaigns
Frequently Asked Questions About South Dakota Driving Records
Helpful Links and Resources