32-12-15. Permits issued on probationary basis--Suspension--Exception.
The issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The Department of Public Safety upon the receipt of a record of conviction for a traffic violation or for a violation of the restrictions in §§32-12-11, 32-12-11.1, 32-12-12, 32-12-12.1, 32-12-13, 32-12-14, or 32-12-12.5, committed while operating under an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit prior to the minor's eighteenth birthday shall suspend the minor's driving privileges according to the following schedule:
(1)A felony or Class 1 misdemeanor traffic conviction--suspension for one hundred eighty days or until the minor's eighteenth birthday whichever period is shorter or as otherwise required by law;
(2)A first Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance--suspension for thirty days or as otherwise required by law;
(3)A first conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit--suspension for thirty days or as otherwise required by law;
(4)A second Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance--suspension until the minor's eighteenth birthday or for one hundred eighty days, whichever period is shorter, or as otherwise required by law; and
(5)A second conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit--suspension until the minor's eighteenth birthday or for one hundred eighty days, whichever period is shorter, or as otherwise required by law.
No permit may be suspended for a first violation of §§32-14-9.1, 32-21-27, 32-25-5, 32-26-20, or 34A-7-7.
If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit and is convicted of any traffic violation prior to the minor's eighteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege to apply for a driver license as provided in this section. A conviction for any traffic violation that occurs prior to the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license or an operator's license shall be placed on the driving record and given the same consideration as any violation that occurs following the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license.
Source: SL 1959, ch 261, §4; SDC Supp 1960, §44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1973, ch 205; SL 1984, ch 226; SL 1989, ch 265, §16; SL 1992, ch 217, §1; SL 1998, ch 186, §4; SL 2000, ch 157, §1; SL 2001, ch 171, §15; SL 2003, ch 272, §23; SL 2006, ch 165, §6; SL 2008, ch 157, §1; SL 2020, ch 117, § 6.
Structure South Dakota Codified Laws
Chapter 12 - Driver Licenses And Permits
Section 32-12-1 - Definitions.
Section 32-12-1.1 - Lawful status defined.
Section 32-12-2 - Payment of fee--Limitation on attempts to pass examination--Form.
Section 32-12-3 - Contents of application--Certification.
Section 32-12-3.2 - Promulgation of rules.
Section 32-12-3.3 - Evidence of lawful status in U.S. to be presented with application.
Section 32-12-4 - Examination of applicant--Place of examination--Time of examination.
Section 32-12-4.1 - Classes of vehicles--Qualifications and examination.
Section 32-12-4.5 - Rules authorized for medical and vision standards of drivers.
Section 32-12-4.8 - Low-speed vehicle operation.
Section 32-12-6 - Minors under age of eighteen--Authorization by parental authority.
Section 32-12-7 - Cancellation on request of parental authority.
Section 32-12-8 - Cancellation upon death of parental authority--New application.
Section 32-12-12 - Restricted minor's permit--Restrictions on operation.
Section 32-12-12.3 - Upgrading restricted minor's permit by mail or electronically.
Section 32-12-12.4 - Enforcement of prohibition of use of wireless communication device.
Section 32-12-12.5 - Restricted Minor's Permit--Passenger Limit.
Section 32-12-14 - Vehicles operable under restricted minor's permit.
Section 32-12-15 - Permits issued on probationary basis--Suspension--Exception.
Section 32-12-15.1 - Suspension of permit upon conviction for violation of permit conditions.
Section 32-12-17 - Issuance of license--Qualifications.
Section 32-12-17.1 - Issuance of motorcycle operator's license--Requirements.
Section 32-12-17.2 - Nondriver identification cards--Fee--Renewal and expiration.
Section 32-12-17.4 - Unlawful use of nondriver identification card--Misdemeanor.
Section 32-12-17.5 - Displaying another's nondriver identification card--Misdemeanor.
Section 32-12-17.6 - Loaning nondriver identification card prohibited--Misdemeanor.
Section 32-12-17.7 - Bar code on license--Criminal information.
Section 32-12-17.8 - Bar code on license--Medical information.
Section 32-12-17.9 - Bar code on license--Information allowed.
Section 32-12-17.10 - Contents of license or permit--Barcode.
Section 32-12-17.11 - Maintenance of photographic files.
Section 32-12-17.15 - Veteran designation on license or card.
Section 32-12-19 - Temporary permit pending issuance of license.
Section 32-12-20 - Cancellation of license to which not entitled--Surrender of canceled license.
Section 32-12-21 - Privilege conferred by issuance of license--Authority of local governments.
Section 32-12-22 - Prohibition against driving without license--Misdemeanor.
Section 32-12-23 - Government employees exempt from licensing requirement.
Section 32-12-24 - Nonresident out-of-state licensee exempt from licensing requirement.
Section 32-12-26 - Reciprocity respecting nonresident provisions.
Section 32-12-26.1 - Period of residency for purpose of licensing requirement.
Section 32-12-29 - Unlicensable persons--Minors under sixteen--Exceptions.
Section 32-12-31 - Unlicensable persons--Habitual alcohol or drug user.
Section 32-12-32 - Unlicensable persons--Physical or mental capability--Promulgation of rules.
Section 32-12-33 - Unlicensable persons--Failure to pass examination.
Section 32-12-34 - Unlicensable persons--Failure to deposit proof of financial responsibility.
Section 32-12-35 - Unlicensable persons--Driving inimical to public safety or welfare.
Section 32-12-36 - Issuance of restricted license.
Section 32-12-37 - Special restricted license--Restrictions stated upon ordinary license.
Section 32-12-38 - Violation of restriction--Suspension or revocation.
Section 32-12-41 - Lost or destroyed license--Issuance of duplicate--Fee--Affidavit.
Section 32-12-43 - Eyesight examination required for renewal--Exception.
Section 32-12-43.1 - Application by mail or electronically for replacement or renewal.
Section 32-12-43.2 - Promulgation of rules on renewal by mail or electronic renewal.
Section 32-12-47 - Duration for which license may be suspended--Exceptions.
Section 32-12-49.1 - Point system for offenses--Number of points charged.
Section 32-12-49.2 - Point accumulation subjecting license or permit to suspension.
Section 32-12-49.3 - Suspension based on licensee's record.
Section 32-12-51 - Suspension or revocation of nonresident driving privileges.
Section 32-12-52.1 - Mandatory revocation of license--Conviction of driving under the influence.
Section 32-12-52.3 - Revocation for drug-related offenses.
Section 32-12-52.4 - Suspension for certain alcohol-related offenses by a minor.
Section 32-12-52.5 - Suspension or revocation of or restrictions on driving privileges of juveniles.
Section 32-12-53 - Conviction defined.
Section 32-12-55 - Surrender of license to court upon conviction--Forwarding license to department.
Section 32-12-56 - Suspension or revocation for out-of-state conviction--Grounds.
Section 32-12-56.1 - Entry and implementation of nonresident violators and driver license compact.
Section 32-12-57 - Surrender of suspended or revoked license to department.
Section 32-12-60 - Records kept by department.
Section 32-12-61.1 - Problem driver point system abstract.
Section 32-12-62 - Record of out-of-state convictions upon application by new resident.
Section 32-12-63 - Forwarding record of nonresident's convictions to jurisdiction of residence.
Section 32-12-64 - Forwarding record without charge.
Section 32-12-65 - Driving while license is revoked, suspended, or canceled--Misdemeanors.
Section 32-12-67 - Possession of revoked or altered license--Misdemeanor.
Section 32-12-69 - Permitting unlawful use of driver license--Misdemeanor.
Section 32-12-70 - Displaying another's license--Misdemeanor.
Section 32-12-71 - Permitting unauthorized use of license by another--Misdemeanor.
Section 32-12-72 - Allowing unauthorized person to use vehicle--Violation as misdemeanor.
Section 32-12-73 - Permitting unauthorized minor to use vehicle--Violation as misdemeanor.
Section 32-12-74 - Unauthorized use of vehicle under restricted license--Misdemeanor.
Section 32-12-125 - Fees only used for operating driver licensing program.
Section 32-12-126 - License applications and examination materials--Language.