Resisting And Fleeing
SDCL § 22-11-4 and SDCL § 32-33-18 — resisting arrest by force, obstructing an officer, failing to stop and eluding
Resisting arrest is intentionally preventing or trying to prevent an officer from making an arrest by using or threatening physical force, or by means that create a substantial risk of injury. It is a Class 1 misdemeanor.
Obstructing is using or threatening violence, force, or physical interference or obstacle to intentionally hinder an officer enforcing the law, and it is a Class 1 misdemeanor too.
Failing to stop. A driver who intentionally fails to stop at an officer's signal is guilty of a Class 2 misdemeanor. The officer is in uniform with a badge, and the vehicle is marked as a law enforcement vehicle.
A driver who then flees or tries to elude is guilty of third degree eluding, a Class 1 misdemeanor. For either, the court may revoke the license for up to one year.
Whether an arrest was lawful is decided in court, not on the street. A particular charge is a question for a licensed South Dakota attorney.
Sources for this section (4)
- SDCL § 22-11-4 — Resisting arrest; Misdemeanor
- SDCL § 22-11-6 — Obstructing law enforcement officer, firefighter, or emergency management personnel; Misdemeanor
- SDCL § 32-33-18 — Failure to stop at the signal of law enforcement officer as misdemeanor
- SDCL § 32-33-18.1 — Eluding law enforcement officer; Misdemeanor; License revocation
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.