South Dakota SR22 Insurance

South Dakota SR22 Insurance & Filing Information

SR22 Insurance In South Dakota

If you have been convicted of DWI, you will be required to prove to the State that your vehicle(s) are insured. This means that you will need to purchase SR22 insurance. (If you do not own a vehicle, you will need to purchase a non-owner SR22 policy.)

When you buy SR22 insurance, your insurance company releases an SR22 form, which must be filed with the DPS, and which proves that you have liability insurance.

The DPS will keep this form on file (an SR22 requirement lasts for 3 years) and if anything goes wrong with your policy, e.g., it is canceled, the policy requires your insurance company to notify the DPS. This will result in your driver’s license being suspended again and you having to go through the reinstatement process again. If you change vehicles or insurance providers during that 3 year period, you must have a new SR22 form filed before the old one is canceled.

Note that your SR22 insurance must be provided by a company that is licensed to do business in South Dakota.

How to Get South Dakota SR22 Insurance:

Trying to find affordable South Dakota SR22 insurance can be time-consuming and stressful. Let us help. We have partnered with those insurance companies that specialize in SR22 insurance in order to bring you the most reasonable SR22 rates available.

How to Get Your South Dakota Driver’s License Back:

To get your driver’s license reinstated after a DWI suspension, you need to do the following:

  • Buy SR22 insurance and file an SR22 form.
  • Apply for a new license and pay application fees.
  • Pass all required tests, e.g., vision, written, and skills tests.
  • Pay a $50 reinstatement fee.

For More Information:

Still have questions? Call the South Dakota DPS at 605-773-6883 or 800-952-3696. You can also email the DPS at

South Dakota DUI First Offense

In South Dakota, if you are caught driving a vehicle while having a blood alcohol content (BAC) of 0.08 or higher, you will be charged with a DUI. In addition, if your blood alcohol content is 0.05 or higher and there is evidence that you are intoxicated, you can be charged with a DUI.

Note: You do not have to be actually driving to be charged with a DUI. For example, if you are seen sitting behind the wheel with the keys, you can be charged.

South Dakota enforces an Implied Consent Law. This means that just by driving in South Dakota, you are agreeing to submit to a chemical alcohol test (e.g., breathalyzer, blood test) if asked to do so by law enforcement. Refusing to submit to a chemical test is a criminal offense, one that carries significant penalties. (The law does not require you to submit to a field sobriety test.)

If you have been arrested for a first offense DUI, or a first offense Implied Consent violation, you will want to contact a South Dakota DUI lawyer as soon as possible. Try to find a lawyer that deals specifically with DUI cases, and one that practices in this area often. South Dakota DUI law is daunting, but an experienced DUI lawyer will quickly break it down for you. This is not something you want to try to do alone!

South Dakota First Offense DUI Penalties:

A first offense DUI is a Class 1 Misdemeanor. Penalties for a first offense DUI include:

  • $1,000 fine
  • Up to 1 year in jail
  • At least 30 day revocation of your driver’s license
  • $75 reinstatement fee

The court may grant a first time offender permission to drive to and from work, school, and/or alcohol counseling. The court may also restrict or revoke your driving privilege for up to 1 year.

Before your driver’s license will be reinstated you will be required to complete an SR22 filing with the DMV.

South Dakota and Ignition Interlock:

As of July 2011, South Dakota is implementing ignition interlock pilot trials. At this time, there is not yet an ignition interlock requirement associated with a first offense DUI. This may change soon. Most states are now using ignition interlock devices to help prevent drunk driving.

South Dakota SR22 Insurance:

If you have been convicted of a DUI, you will need to purchase SR22 insurance. When you purchase SR22 insurance, your insurance company provides proof of financial responsibility to the South Dakota Department of Public Safety. They do this by filing a “form SR22”. If possible, ask your insurance company to do this electronically, as this speeds up the transaction significantly.

You will be required to carry SR22 insurance for 3 years from the date of your conviction. It is imperative that you don’t allow a lapse in your insurance. Failing to maintain this proof of financial responsibility is a Class 2 Misdemeanor. This can lead to another suspension of your driver’s license, 30 days imprisonment, and $100 fine.

SR22 insurance can be expensive, but we offer very competitive rates.

South Dakota DUI Laws & Penalties

A South Dakota DUI is defined by the South Dakota DUI statute SDCL § 32-23-1 which prohibits driving (or being in actual physical control) of a motor vehicle while intoxicated by alcohol, drugs, or a combination of both with specified or an unsafe blood alcohol concentration (.08%).

If you If you drive in the state of South Dakota under the influence of either drugs or alcohol, you are guilty of a criminal offense under the South Dakota DUI laws;

  • SDCL § 32-23-1 Prohibits driving or being in actual physical control of vehicle while alcohol is present in the blood or while under the influence of alcohol, marijuana, drugs or controlled substances.
  • SDCL § 32-23-1(1) A Chemical test of 0.08% percent or more by weight of alcohol in the persons blood.

If you are arrested for South Dakota DUI, you need to talk to a lawyer right away to protect your right to drive in the state as well as handle the criminal matters. An interesting fact aboutSouth Dakota DUI laws is that they also apply to riding a horse or a bicycle as well as motor vehicles.While many states have two separate cases when facing a DUI charge, traditionally a criminal charge as well as the popular ‘per se‘ charge, South Dakota DUI only has a criminal case. You will not have to face a Motor Vehicles Division hearing as well, but the MVD will suspend your license as part of your court case.

South Dakota Look Back Period

In a South Dakota DUI case, the court can look at the arrestee’s record going back a total of ten years. Any DUI arrests prior to ten years will not be counted. However, if the arrestee has a DUI charge in the past ten years, the current charge will be considered a second offense.

Punishments for a South Dakota DUI Offense

South Dakota DUI First Offense

  • $300 fine
  • 2 days in jail
  • Possible community service
  • Drivers license suspension for 30 days
  • Alcohol assessment and treatment

South Dakota DUI Second Offense

  • $1000 fine
  • 2 days in jail
  • Possible community service
  • Drivers license suspension for 1 year
  • Alcohol assessment and treatment

South Dakota DUI Third Offense

  • $3,500 fine
  • 60 days in jail
  • Possible community service
  • Drivers license revocation for 1 year
  • Ignition interlock system must be installed on vehicle
  • Impounding of vehicle
  • Alcohol assessment and treatment

Remember that all costs associated with your South Dakota DUI, including court costs, license reinstatement fees, and the cost of assessment, will be your responsibility. Your attorney may be able to help you get a limited license if he or she can prove that your loss of driving privileges will harm your family and make it impossible for you to earn a living. Finally, be aware that you will most likely be required to carry what’s known as a SR-22 policy for insurance coverage after yourSouth Dakota DUI.

Insurance Considerations for a South Dakota DUI

SR-22 insurance is required in the state of South Dakota after a DUI conviction. This type of insurance is classified as ‘high risk’ meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk. This can get very expensive if you sign up for one of these policies with the wrong company.