Driving Without a Valid License or on a Suspended License in South Dakota

Like all states, South Dakota issues licenses for operating vehicles on its highways. Driving without a license—or on a suspended or revoked license—can result in a myriad of penalties. This article explains the different types of violations and the possible penalties for unlicensed driving.

Driving Without a License in Law

Subject to a few exceptions, state law requires a person to have a South Dakota driver's license to operate a motor vehicle on South Dakota roads. Drivers also must have their driver's license in their possession when driving. (S.D. Codified Laws §§ 32-12-22, 32-12-39 (2025).)

Exceptions to the Driver's License Requirement

Non-resident drivers (who are at least 16 years old) with a valid driver's license from their home state or country can drive in South Dakota without an in-state license. A person who resides in South Dakota for 90 days is considered a resident of South Dakota (and should obtain a South Dakota license). However, military personnel stationed in South Dakota can drive with a license from their home state or country. United States government employees can drive official government vehicles without a South Dakota license if they have a license issued by another state or the federal government. And farmers moving farm equipment between fields generally don't need to be licensed so long as their license wasn't revoked or suspended. (S.D. Codified Laws §§ 32-12-22.1, 32-12-23, 32-12-24, 32-12-27 (2025).)

Penalties for Unlicensed Driving

Driving a motor vehicle while never having been issued a license is a class 2 misdemeanor. The offender will face a maximum of 30 days in jail and might have to pay up to $500 in fines. (S.D. Codified Laws §§ 22-6-2, 32-12-22 (2025).)

Penalties for Driving Without a License in Your Possession

A driver who has a license but wasn't carrying it while driving (or who refuses to present it when requested by an officer) can be charged with a petty offense, which carries a $25 fee. However, the charge will be dismissed if the driver presents a then-valid license in court. Likewise, a driver with a license that has been expired for fewer than 30 days can present the renewed license to the court to avoid any charges. (S.D. Codified Laws §§ 23-1A-22, 32-12-39, 32-12-40 (2025).)

Driving on a Suspended or Revoked License

A licensed driver can be suspended or revoked for many reasons, including driving under the influence, acquiring too many traffic violation points, and uninsured driving. Driving while suspended or revoked is against the law and will lead to jail, fines, and license penalties. (S.D. Codified Laws § 32-12-65 (2025).)

Penalties for Driving on a Suspended License

Driving with a suspended or canceled license is a class 2 misdemeanor, punishable by a fine of up to $500 and up to 30 days in jail. The driver's suspension period will also be extended for an amount of time equal to the original suspension duration. For instance, a driver initially suspended for six months will be suspended for another six months even if their original suspension was almost finished. (S.D. Codified Laws §§ 22-6-2, 32-12-65, 32-12-66 (2025).)

Penalties for Driving on a Revoked License

Driving with a revoked license (often from an impaired driving incident) is a class 1 misdemeanor. A class 1 misdemeanor carries up to one year in jail and up to $2,000 in fines. The revocation period will also be extended for one year. (S.D. Codified Laws §§ 22-6-2, 32-12-65, 32-12-66 (2025).)

Getting Help From a Defense Attorney

Unlicensed driving carries serious penalties in South Dakota. If you're facing criminal charges, you should get in contact with an experienced defense attorney. A qualified lawyer can advise you on the law and help you navigate the legal system.