South Dakota criminal charge
Driving while license is revoked, suspended, or canceled in South Dakota
Driving while license is revoked, suspended, or canceled is a criminal offense under South Dakota law, defined by SDCL § 32-12-65. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 32-12-65.
What is the penalty for driving while license is revoked, suspended, or canceled in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Driving while revoked — A person drives a motor vehicle on a public highway while their driving privilege is revoked.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Driving while revoked — A person drives a motor vehicle on a public highway while their driving privilege is revoked.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 30 days (Driving while suspended — A person drives a motor vehicle on a public highway while their driving privilege is suspended.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Driving while suspended — A person drives a motor vehicle on a public highway while their driving privilege is suspended.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 30 days (Driving while canceled — A person drives a motor vehicle on a public highway while their driving privilege is canceled.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Driving while canceled — A person drives a motor vehicle on a public highway while their driving privilege is canceled.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is driving while license is revoked, suspended, or canceled classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Driving while revoked | Class 1 Misdemeanor | A person drives a motor vehicle on a public highway while their driving privilege is revoked. | SDCL § 32-12-65undefined |
| Driving while suspended | Class 2 Misdemeanor | A person drives a motor vehicle on a public highway while their driving privilege is suspended. | SDCL § 32-12-65undefined |
| Driving while canceled | Class 2 Misdemeanor | A person drives a motor vehicle on a public highway while their driving privilege is canceled. | SDCL § 32-12-65undefined |
Common questions about driving while license is revoked, suspended, or canceled in South Dakota
Is driving while license is revoked, suspended, or canceled a felony or a misdemeanor in South Dakota?
It depends on the circumstances: driving while license is revoked, suspended, or canceled ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 32-12-65.
Driving while revoked: Class 1 Misdemeanor (SDCL § 32-12-65) · Driving while suspended: Class 2 Misdemeanor (SDCL § 32-12-65) · Driving while canceled: Class 2 Misdemeanor (SDCL § 32-12-65)
What are the penalties for driving while license is revoked, suspended, or canceled in South Dakota?
Penalties for driving while license is revoked, suspended, or canceled in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by SDCL § 22-6-2; the full table of ranges by variant is published on this page.
Which South Dakota statute covers driving while license is revoked, suspended, or canceled?
Driving while license is revoked, suspended, or canceled is governed by SDCL § 32-12-65 (Driving while license is revoked, suspended, or canceled--Misdemeanors).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.