The whole South Dakota file

SOUTH DAKOTA FIELD FILE

Every section, top to bottom.

About this guide — education built from the South Dakota Codified Laws as the Legislative Research Council publishes them, not a law degree in a webpage. Applying it to a particular situation is the work of a licensed South Dakota attorney or a legal aid office. Current as of October 2026.

At a stop, the sections this page reads say, in short:

Every licensee has the license in immediate possession while driving, and displays it on a peace officer's demand. Not doing so is a petty offense.
A driver detained for a suspected violation provides evidence of financial responsibility if the officer asks, as a secondary action.
For a petty offense in the officer's presence, the officer may detain the person only as long as it takes to issue a complaint and summons, and that detention is not an arrest.

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

A search of the vehicle has rules of its own. Whether a particular stop was lawful is a question for a licensed South Dakota attorney.

SDCL § 32-12-39

Sources for this section (9)

SDCL § 32-12-39 — Requirement that license be in possession of driver; Display of license; Violation as petty offense
SDCL § 32-35-114 — Evidence of financial responsibility when detained for a suspected violation
SDCL § 23-1A-7 — Detention of violator to issue complaint and summons; Not an arrest; Summons or arrest for other public offense
Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

SOUTH DAKOTA FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Your home

Recording

Carrying a firearm

Charges and penalties

How you carry yourself

Walk it through

SOUTH DAKOTA FIELD FILE

Traffic stops

Traffic StopsSDCL § 32-12-39 — the license displayed on demand, and proof of insurance when stopped for something else▾

The Insurance RequirementSDCL § 32-35-113 — financial responsibility at all times, a Class 2 misdemeanor without it, and a citation dismissed on proof▾

After A CrashSDCL § 32-34-3 — stop, give a name and address, help the injured, and notify police of an injury or damage of $1,000▾

Reckless DrivingSDCL § 32-24-1 — reckless driving is a Class 1 misdemeanor, careless driving a Class 2, and a second reckless within a year takes the license for thirty days▾

Speed LimitsSDCL § 32-25-1.1 — 65 on streets and highways, 80 on the interstate, 25 in unposted towns and 15 past a school▾

Staying In Your LaneSDCL § 32-26-6 — within a single lane as nearly as practicable, and no lane change until it can be made safely▾

Signals And TurnsSDCL § 32-26-22 — a signal before starting, stopping or turning, and no courtesy wave on the blinker▾

Moving OverSDCL § 32-31-6.1 — over a lane or twenty miles per hour slower, three hundred feet before a stopped emergency vehicle, with a $270 minimum fine▾

Crossing The RoadSDCL § 32-27-1 — a driver yields to a pedestrian in a crosswalk, and no pedestrian steps out in front of a car too close to stop▾

On A BicycleSDCL § 32-26-26.1 — a three foot gap when passing a bicycle at thirty-five miles per hour or less, and six feet above that▾

Passing A School BusSDCL § 32-32-6 — fifteen miles per hour past amber lights, a full stop fifteen feet back for red, and a Class 1 misdemeanor▾

Seat BeltsSDCL § 32-38-1 — the driver and front seat passenger, enforced only as a secondary action, a petty offense▾

The Car Seat RulesSDCL § 32-37-1 — a child restraint under five years of age, or a seat belt for a child of forty pounds▾

Your Phone Behind The WheelSDCL § 32-26-47.1 — no driving while using a mobile electronic device, apart from calls, navigation, hands-free use and emergencies▾

The Motorcycle HelmetSDCL § 32-20-4 — a helmet for a rider or passenger under eighteen years of age, and no requirement in the section for adults▾

Window TintSDCL § 32-15-2.4 — thirty-five percent on the front side windows and twenty percent behind the driver, with nine percent tolerance▾

Where You May Not ParkSDCL § 32-30-6 — fifteen feet from a hydrant, twenty feet from a crosswalk, thirty feet from a stop sign, and fifty feet from a rail▾

When A Car Is TowedSDCL § 32-30-3.1 — the owner told within twenty-four hours, a lien on the car, and no lien on clothing, food or tools of a trade▾

Driving While SuspendedSDCL § 32-12-65 — a Class 1 misdemeanor when revoked, and a Class 2 when suspended or canceled▾

An ATV On The RoadSDCL § 32-20-13 — licensed as a motorcycle to use a public highway, and never on the interstate▾

A Teen Driver's LicenseSDCL § 32-12-11 — an instruction permit from fourteen years of age, then fifty hours supervised, and a restricted minor's permit with hours and passenger limits▾

Being stopped

Resisting And FleeingSDCL § 22-11-4 and SDCL § 32-33-18 — resisting arrest by force, obstructing an officer, failing to stop and eluding▾

Being ArrestedSDCL § 23A-3-2 — when an officer may arrest without a warrant, being told why, and a magistrate without unnecessary delay▾

Reading A Search WarrantSDCL § 23A-35-4 — searched within ten days, served in the daytime, notice before breaking in, and a copy and a receipt▾

When They Take Your PropertySDCL § 34-20B-70 — what may be forfeited, an owner who did not know, and proceedings within sixty days▾

When Police Are Called To A HouseSDCL § 23A-3-2.1 — an arrest the officer shall make, within forty-eight hours of an assault or on a violated order▾

Marijuana and drugs

Drinking In PublicSDCL § 35-1-5.3 and SDCL § 35-1-9.1 — distilled spirits in a public place, and an open container in a vehicle▾

Minor In PossessionSDCL § 35-9-2 — buying, possessing or drinking under twenty-one, and the call for help that is not prosecuted▾

Calling For An OverdoseSDCL § 34-20A-110 — no arrest or prosecution for possession when the call is for another's overdose, once▾

Marijuana And DrugsSDCL § 22-42-6 — two ounces or less is a Class 1 misdemeanor, and more climbs through the felony classes▾

Medical CannabisSDCL § 34-20G-2 — a cardholder within the allowable amount is not arrested, prosecuted or penalized▾

Impaired driving

The DUI StopSDCL § 32-23-1 — 0.08 or under the influence, implied consent, a refusal heard at trial, and the classes by offense▾

A Repeat DUISDCL § 32-23-4.6 — a fourth offense is a Class 5 felony and a fifth a Class 4, with revocation that does not run while imprisoned▾

Under 21 And DrivingSDCL § 32-23-21 — 0.02 or any trace of marijuana, and a suspension of thirty days, one hundred eighty days or one year▾

Court and money

Discrimination At WorkSDCL § 20-13-10 — hiring, firing and pay, the protected traits, reprisal for a charge, and one hundred eighty days to file▾

Refused ServiceSDCL § 20-13-23 — a business open to the public may not refuse or treat anyone unequally for a protected trait▾

Dying Without A WillSDCL § 29A-2-102 — the spouse takes all unless a child is not the spouse's too, then the first $100,000 and half the rest▾

Signing A WillSDCL § 29A-2-502 — in writing, signed, and two witnesses, or a holographic will in the person's own hand▾

Changing Or Revoking A WillSDCL § 29A-2-507 — a later will, or burning, tearing or canceling it, and a divorce that undoes gifts to the former spouse▾

The Will After A DeathSDCL § 29A-3-108 — probate within three years of the death, and creditors' claims barred three years after it▾

A Small EstateSDCL § 29A-3-1201 — an affidavit thirty days after the death for an estate up to $100,000, and sixty days for land up to fifty thousand dollars▾

The Spouse's ShareSDCL § 29A-2-202 — an elective share rising with the years married, filed within nine months, and a family allowance first▾

Signing Over AuthoritySDCL § 59-12-3 — a power of attorney that survives incapacity, signed before a notary, and an agent bound to act in good faith▾

Putting It In Writing FirstSDCL § 34-12D-2 — a declaration witnessed by two adults or a notary, revocable any time in any manner▾

Who Decides When You CannotSDCL § 34-12C-3 — without an agent or guardian, the spouse, then an adult child, a parent, a sibling, and on to a close friend▾

When A Court Appoints A GuardianSDCL § 29A-5-302 — a guardian for health, care and safety, and a conservator for property and money▾

Getting PaidSDCL § 60-11-9 — wages at least once each calendar month or on agreed paydays, and double damages for a malicious refusal▾

The Last PaycheckSDCL § 60-11-10 — due by the next regular payday, fired or quitting, or once the employer's property is returned▾

Minimum WageSDCL § 60-11-3 — a rate written into the statute and raised each January 1 by the cost of living, and half of it in cash for tipped work▾

Equal PaySDCL § 60-12-15 — no lower rate for comparable work because of sex▾

Hurt At WorkSDCL § 62-7-10 — written notice within three business days, the employee's choice of doctor, and two years after a denial▾

Fired For A Comp ClaimSDCL § 62-1-16 — an employer who fires in retaliation for a lawful claim is liable for wrongful discharge▾

Unemployment After A Job EndsSDCL § 61-6-9 — quitting without good cause or misconduct means six weeks of new work first▾

Working Under SixteenSDCL § 60-12-1 — four hours on a school day, twenty in a school week, and not after 10 p.m. before school▾

Getting DivorcedSDCL § 25-4-2 — irreconcilable differences among the grounds, residence at filing, and sixty days before it can be heard▾

Custody After A SplitSDCL § 25-4-45 — the child's best interests, no preference for either parent, and a presumption against an abusive one▾

Grandparent VisitationSDCL § 25-4-52 — reasonable visitation in the child's best interests, for grandparents and great-grandparents▾

A Protection OrderSDCL § 25-10-3.1 — family and partners, a hearing within thirty days, a temporary order meanwhile, and up to five years▾

A Stalking Protection OrderSDCL § 22-19A-8 — for stalking, an assault injury or a crime of violence, against anyone, for up to five years▾

Reporting Child AbuseSDCL § 26-8A-3 — teachers, doctors, coaches, officers and others must report, orally and immediately▾

Abuse Of An Older AdultSDCL § 22-46-2 — physical abuse or neglect of an elder is a Class 6 felony, and a report within twenty-four hours▾

Changing A NameSDCL § 21-37-2 — six months in the county, notice published for four successive weeks, and a hearing in circuit court▾

Getting MarriedSDCL § 25-1-10 — a license from the register of deeds for forty dollars, used within ninety days▾

Turning EighteenSDCL § 26-1-1 — minors are persons under eighteen years of age, counted from the first minute of the day of birth▾

Unfair And Deceptive PracticesSDCL § 37-24-6 — fraud, false promises or a hidden material fact in a sale, actual damages, and four years to sue▾

A Sale At Your DoorSDCL § 37-24-5.3 — a sale of twenty-five dollars or more away from the seller's place of business, cancelable until midnight of the third business day▾

The Lemon LawSDCL § 32-6D-3 — a defect first reported in the first year or twelve thousand miles, four repair attempts or thirty days out of service, and a replacement or refund▾

Wage GarnishmentSDCL § 21-18-51 — no garnishment before judgment, and no more than twenty percent of disposable earnings a week▾

What Creditors Cannot TakeSDCL § 43-45-2 — clothing, family pictures, a year's food and fuel, health aids, and seven thousand dollars more for a head of family▾

The Homestead ExemptionSDCL § 43-31-1 — a family's home safe from judicial sale and judgment liens, and from tax sale for a senior▾

When Your Data Is BreachedSDCL § 22-40-20 — notice to each resident within sixty days, and to the attorney general past two hundred fifty▾

How Long To SueSDCL § 15-2-13 — six years on a contract, three for a personal injury, two for libel, slander or unpaid wages▾

A Small ClaimSDCL § 15-39-45.1 — up to twelve thousand dollars, no jury and no appeal unless the defendant removes it▾

A Lien On The HouseSDCL § 44-9-15 — a contractor's lien ends one hundred twenty days after the last work unless a statement is filed▾