Penalties for Driving Without Insurance in South Dakota
Driving without liability insurance — or an alternate proof of financial responsibility — in South Dakota is a class 2 misdemeanor.
Violating this law can cost you more than $500 in fines and reinstatement fees, up to one year of driver's license suspension and possibly even 30 days in jail.
This conviction can also cause you to be classified as a high-risk driver, which may make it hard to find affordable car insurance coverage in South Dakota.
Type of penalty | Penalty |
|---|---|
|
Fine | $100 to $500 |
|
Jail time | 30 days, either in place of fine or in addition to fine |
|
Driver's license suspension | 30 days to 1 year |
|
Reinstatement fee | $50 to $200 |
|
Reinstatement application fee | $28 |
|
SR-22 maintenance | 3 years |
|
Failure to maintain SR-22 | Suspension of registration, driver's license and license plates |
Penalties for driving uninsured in South Dakota
South Dakota's financial responsibility law aims to ensure that every registered motorist can cover the cost of damages, repairs, medical bills and more if they are involved in an accident. The minimum required liability coverage amounts are 25/50/25.
If you are pulled over for a traffic stop or as part of a car accident investigation, you must produce proof of insurance when law enforcement requests it. Proof may be in the form of a paper or digital insurance ID card provided by your insurer. You can also carry a copy of your policy, as long as it shows the effective dates and details of the insured vehicle. If you don't have one of these, you could face a number of penalties.
Fine and suspensions
South Dakota has only one set of penalties for drivers who violate the insurance law, regardless of whether it's a first, second or third offense. However, the court can increase the penalties, within the ranges set for class 2 misdemeanors, when you are a repeat offender.
The first time you're convicted of driving uninsured, you will be charged a fine of $100 or serve 30 days in county jail — or possibly both. Your driver's license will be suspended for no fewer than 30 days.
Based on the court's discretion and the number of times you've been caught uninsured, your driving privileges can be suspended for up to one year, and your fine could be as much as $500.
Reinstating your driving privileges
When you've satisfied all of the court's conditions — like paying the fines and serving your suspension — you should get an insurance policy that meets the state minimum requirements. You also need to have your insurer file an SR-22 certificate. The SR-22 is kept on file with the South Dakota Motor Vehicle Division to verify you are maintaining financial responsibility. You will need to keep this coverage and update the SR-22 with the state for three years.
You will then have to pay the Department of Public Safety a reinstatement fee between $50 and $200, as well as a $28 application fee to renew your license.
Suspension after failure to maintain an SR-22
It is important to note that there will be penalties if you do not maintain your SR-22 for three years — without a lapse. If you miss a payment on your premium, your insurer may cancel your policy and your SR-22 filing along with it. Your license, registration and license plates will be suspended for not maintaining coverage.
Reapplying for auto insurance in South Dakota
The misdemeanor violation and demerit points on your license will show up on your driving record. That could lead to insurers labeling you high risk. Insurance carriers in the voluntary (consumer) market have the right to deny coverage to high-risk drivers, which is why the state established an assigned risk pool called the South Dakota Automobile Insurance Plan. It is specifically designed so that high-risk drivers have a way to obtain auto insurance coverage if they can't find any carrier to insure them otherwise.