An SR-22 filing is a form insurance companies use to show proof of insurance or future financial responsibility.
Why do I need an SR-22 in SD?
The state requires you to provide proof of insurance in the form of an SR22 filed by an approved insurance company in the state of South Dakota. In order to reinstate your license from one of the following violations you will need this form:
- Driving without proper insurance
- Driving while intoxicated
- Failure to pay a judgment
- 2 convictions of reckless driving in one year
- Vehicular homicide
How long do I need to keep the SR22?
The insurance policy must be kept in force for a period of three years from the date of your conviction. If you let the policy cancel or lapse prior to the end of your probation period your license will be re-suspended and you will need to pay $50 reinstatement fee.
South Dakota Liability Insurance Requirements
The state of South Dakota requires liability insurance to protect other drivers in the event of an accident. The minimum limits are:
- $25k Per Person Bodily Injury
- $50k Per Accident Bodily Injury
- $25k Property Damage
While these limits are minimum they are rarely recommended levels of coverage. Ask your insurance agent what they recommend based on your financial position.
License Suspension, Revocation and Reinstatement
Any operator who has had his license revoked or suspended following a judgment, a conviction for no insurance, vehicular homicide, DUI or second offense reckless driving in a one-year period must establish proof of financial responsibility for the future before he may drive or re-register any vehicle in this state. Most motorists provide proof of financial responsibility for the future by obtaining a SR22 insurance filing from their automobile insurance company.
A conviction for failure to maintain proof of financial responsibility is a Class 2 Misdemeanor (30 days imprisonment in a county jail, or $100 fine or both), driver license suspension for a period of not less than 30 days or more than one year, and filing proof of insurance (SR-22) with the state of South Dakota for three years from date of eligibility for reinstatement. Failure to file proof of financial responsibility will result in suspension of vehicle registration, license plates, and driver’s license.
What is a license suspension?
A suspension will remove your privilege to drive and your license will become the property of the Department of Public Safety or court. Once an eligibility date for reinstatement is determined by the courts an application for reinstatement must be completed including reinstatement fees.
What is a license revocation?
Similar to a suspension a revocation takes your driving privilege away for a determined period of time. Unlike a suspension a revocation will require any applicable tests in order to get your license back including vision, knowledge and driving tests.
How do I reinstate my license?
Reinstatement includes meeting all obligations set by the courts including jail time, suspension period, insurance requirements and reinstatement fees. The reinstatement fee can range from $50 to $200 in addition to the application fee for a license.
Driving Under the Influence (DUI) in South Dakota
If a law enforcement officer arrests you for driving under the influence he/she will ask you to complete a chemical test for BAC. This test can be done using blood, breath or urine to determine the blood alcohol concentration. If the BAC is over the following limits you will be convicted of DUI:
- All drivers = .08%
- Drivers under age 21 = .02%
- Commercial drivers = .04%
What if I refuse the breathalyzer or other chemical test?
You have implied your consent when applying for a driver's license but if you refuse your license will be suspended for a period of one year. Keep in mind that refusing the test will be used against you in court trial for DUI conviction.
