South Dakota driving laws
The rules your permit test asks about, in plain English. Each one is quoted from South Dakota’s statutes or an official DPS page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- South Dakota bans using a hand-held phone or other mobile device while driving, but lets drivers make and take calls and use GPS, and allows hands-free use.
- Alcohol and drugs (DUI)
- It is illegal to drive or be in actual physical control of a vehicle in South Dakota with a BAC of 0.08% or more, or while under the influence.
- Seat belts and child seats
- In South Dakota the driver and front-seat passengers must wear seat belts, and everyone under 18 must be belted in any seat.
- Move Over law
- For a stopped emergency vehicle using red lights, South Dakota drivers from any direction must come to a complete stop before reaching it and go on only when safe.
Phones and texting
South Dakota bans using a hand-held phone or other mobile device while driving, but lets drivers make and take calls and use GPS, and allows hands-free use. Drivers with an instruction permit or restricted minor's permit may not use any wireless device at all.
Official wording (6 sources)
“No person may operate a motor vehicle while using a mobile electronic device. A violation of this section is a Class 2 misdemeanor.”
sdlegislature.gov“Reading, selecting, or entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call and using the device for the call”
sdlegislature.gov“No holder of an instruction permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.”
sdlegislature.gov“No holder of a restricted minor's permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.”
sdlegislature.gov“Any enforcement of the prohibition of the use of a wireless communication device pursuant to the provisions of §§ 32-12-11 and 32-12-12 by a law enforcement officer shall be accomplished as a secondary action.”
sdlegislature.gov“Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.”
sdlegislature.gov
Alcohol and drugs (DUI)
It is illegal to drive or be in actual physical control of a vehicle in South Dakota with a BAC of 0.08% or more, or while under the influence. Drivers under 21 commit an offense at 0.02%, and commercial drivers at 0.04%. A refusal can be used as evidence at trial.
Official wording (7 sources)
“There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;”
sdlegislature.gov“It is a Class 2 misdemeanor for any person under the age of twenty-one to drive, operate, or be in actual physical control of any vehicle: (1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood”
sdlegislature.gov“No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.08 percent or more, by weight of alcohol in that person's blood”
sdlegislature.gov“If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days.”
sdlegislature.gov“Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;”
sdlegislature.gov“and that person subsequently stands trial for violation of § 32-23-1 or § 32-23-21 , such refusal may be admissible into evidence at the trial.”
sdlegislature.gov“If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year.”
sdlegislature.gov
Seat belts and child seats
In South Dakota the driver and front-seat passengers must wear seat belts, and everyone under 18 must be belted in any seat. Adult belt violations are enforced only as a secondary offense. Children under 5 must ride in a child restraint, unless they weigh at least 40 pounds and use a seat belt.
Official wording (5 sources)
“every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system”
sdlegislature.gov“Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action.”
sdlegislature.gov“transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system”
sdlegislature.gov“Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions.”
sdlegislature.gov“The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt.”
sdlegislature.gov
Move Over law
For a stopped emergency vehicle using red lights, South Dakota drivers from any direction must come to a complete stop before reaching it and go on only when safe. For any vehicle stopped or on the shoulder with amber, yellow or blue lights, move to the farthest lane at least 300 feet before it on multi-lane roads, or on a two-lane road slow to 20 mph under the limit.
Official wording (4 sources)
“Upon approaching from any direction any stopped authorized emergency vehicle making use of red visual signals meeting the requirements of this title, the driver of a motor vehicle shall come to a complete stop before reaching the stopped emergency vehicle”
sdlegislature.gov“If driving on an interstate highway or other highway with two or more lanes traveling in the same direction as the vehicle, merge into the lane farthest from the vehicle at least three hundred feet before the vehicle and proceed with caution, unless otherwise directed; or”
sdlegislature.gov“If driving on a two-lane highway, at least three hundred feet before the vehicle, slow to a speed that is at least twenty miles per hour less than the posted speed limit”
sdlegislature.gov“A violation of this section is a Class 2 misdemeanor and has a minimum fine of two hundred seventy dollars.”
sdlegislature.gov
School buses
In South Dakota, stop at least 15 feet from a school bus with flashing red lights and stay stopped until the lights go off. When its amber lights flash, slow to 15 mph or less and pass with caution. On a highway with two or more lanes each way, or separate roadways, traffic going the opposite direction need not stop or slow.
Official wording (4 sources)
“The operator of a motor vehicle approaching a school bus that has its red signal lights flashing shall make a complete stop. The stopped vehicle must be at least fifteen feet from the school bus and must remain stopped until the flashing red signal lights are extinguished.”
sdlegislature.gov“when approaching a school bus that has its amber warning lights flashing, shall reduce the speed of the vehicle to fifteen miles per hour or less and proceed past the school bus with caution.”
sdlegislature.gov“The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction does not need to stop when approaching a school bus that is traveling in the opposite direction even though the school bus is stopped and has its red signal lights flashing.”
sdlegislature.gov“The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a vehicle used and designated as a school bus which is on a different roadway”
sdlegislature.gov
Speed limits
Unless signs say otherwise, the South Dakota limit is 65 mph on streets and highways, 80 mph on interstates, 25 mph in unposted urban areas, and 15 mph when passing a school during recess or while children are arriving or leaving.
Official wording (4 sources)
“no person may drive a vehicle upon a street or highway at a speed in excess of sixty - five miles per hour.”
sdlegislature.gov“no person may drive a vehicle upon the national system of interstate highways at a speed in excess of eighty miles per hour.”
sdlegislature.gov“In urban areas which are not zoned or posted as provided in § 32-25-7 , the maximum lawful speed shall be twenty - five miles per hour.”
sdlegislature.gov“When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour.”
sdlegislature.gov
After a crash
In South Dakota, if a crash injures or kills anyone, or causes apparent damage of $1,000 or more to any one person's property or $2,000 in total, the driver must immediately notify the nearest law enforcement officer with jurisdiction. The officer then files the report with the Department of Public Safety.
Official wording (2 sources)
“accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer”
sdlegislature.gov“shall forward to the Department of Public Safety, within three days after completion of the investigation of the accident, an investigator's report of the accident so reported.”
sdlegislature.gov
Insurance
South Dakota requires liability insurance of at least $25,000 per person and $50,000 per crash for bodily injury and $25,000 for property damage.
Official wording (2 sources)
“twenty - five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident,”
sdlegislature.gov“and twenty - five thousand dollars because of injury to or destruction of property of others in any one accident.”
sdlegislature.gov
Motorcycle helmets
South Dakota requires a DOT-standard helmet only for motorcycle operators and passengers under 18. Every operator must wear eye protection unless the motorcycle has a windscreen high enough to protect the eyes; tinted eye protection is not allowed when headlights are required.
Official wording (3 sources)
“No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218”
sdlegislature.gov“No person may operate a motorcycle unless he is wearing an eye protective device or unless the motorcycle is equipped with a windscreen of sufficient height and design so as to provide adequate eye protection to the operator”
sdlegislature.gov“no person may operate a motorcycle during the time period when headlights must be lighted while wearing an eye protective device that is tinted or shaded to reduce the light transmittance of the device to a level below thirty - five percent.”
sdlegislature.gov
Motorcycle permit rules
South Dakota riders 14 to 17 start with a motorcycle instruction permit, valid one year, after passing all tests except the driving test. Permit holders may ride only from 6 a.m. to 8 p.m. with a licensed motorcyclist 18 or older, with a year of experience, riding another motorcycle, and may not carry passengers.
Official wording (4 sources)
“to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if the permit holder is accompanied by a licensed motorcycle operator who is at least eighteen years of age, who has at least one year of driving experience, and who is driving another motorcycle along with the permit holder.”
sdlegislature.gov“No motorcycle instruction permit holder may carry another person on the motorcycle. The permit is valid for one year.”
sdlegislature.gov“Any person who is at least fourteen years of age but less than eighteen years of age applying for a South Dakota motorcycle operator's license, motorcycle restricted minor's permit, or motorcycle instruction permit”
sdlegislature.gov“For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education”
sdlegislature.gov
Lane splitting
Lane splitting and lane filtering are illegal in South Dakota: no one may ride a motorcycle between lanes of traffic or between rows of vehicles, or pass in the same lane as the vehicle being passed.
Official wording (2 sources)
“No person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles. A violation of this section is a Class 2 misdemeanor.”
sdlegislature.gov“The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken.”
sdlegislature.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with South Dakota Department of Public Safety, Driver Licensing Program.