South Dakota Hardship License: Restricted Permit Requirements

South Dakota Doesn't Issue Traditional Hardship Licenses

If you're searching for a "hardship license" or "Cinderella license" in South Dakota, you won't find one. The state doesn't offer a general-purpose limited license that lets you drive freely for errands, appointments, or personal tasks during a suspension.

What South Dakota does offer are two narrow restricted permit pathways — one administrative, one court-ordered. Both limit driving to specific activities and specific hours. Understanding which pathway applies to your situation determines whether you can legally drive at all during your suspension.

Pathway 1: Administrative Restricted Permit (Point Accumulation)

If your license was suspended for point accumulation — not a DUI — you apply directly through the DPS under SDCL 32-12-49.4. No court hearing is required.

Requirements:

• Submit a Work Permit Application form to the DPS
• Provide proof of employment (employer affidavit) or school enrollment (official class schedule)
• Demonstrate that no alternative transportation exists
• File an SR-22 if required by your suspension type
• Pay the applicable fees

Disqualifiers:

• You've had a prior point-based suspension in the last 24 months (ARSD 61:18:04:02)
• Your suspension was caused by a DUI, not points — that falls under the court-ordered pathway

The permit limits you to driving directly to and from work or school during specified hours, with geographic boundaries listed on the physical permit card.

Pathway 2: Court-Ordered Restricted Permit (DUI)

For DUI-related revocations, the sentencing judge — not the DPS — must authorize a restricted permit at the time of judgment under SDCL 32-23-2 or 32-23-3. You cannot petition for one after sentencing; it must be part of the original court order.

Requirements:

• Active SR-22 insurance filing with the DPS
• Enrollment in the 24/7 Sobriety Program (for second or subsequent offenses)
• Completion of any court-ordered chemical dependency evaluations
• The court order itself (which you then present to a DPS exam station to get the physical card)

Absolute disqualifier: If you have a prior DUI conviction or chemical test refusal within the preceding five years, you are completely ineligible for a court-ordered restricted license. No exceptions.

CDL holders are also barred from restricted work permits under federal regulation 49 CFR 384.210, regardless of which pathway would otherwise apply.

What Restricted Permits Actually Allow

Both pathways restrict driving to specific, vital activities:

• Direct travel to and from your workplace, including on-the-job driving duties
• School, college, or university attendance
• 24/7 Sobriety Program testing at the local sheriff's office
• Licensed childcare pickup and drop-off
• Medical, dental, or mental health appointments
• Court-ordered counseling or treatment programs

Driving outside these listed activities — a grocery run, visiting a friend, or taking a detour — is a Class 2 misdemeanor. The penalty is immediate revocation of the restricted permit for the remainder of your suspension, potential vehicle impoundment, up to 30 days in jail, and a $500 fine.

Both permits enforce absolute zero-tolerance for alcohol: any BAC above 0.00% results in immediate permit revocation and, for 24/7 participants, an immediate jail sanction (typically 24–48 hours).

How to Actually Apply

For the administrative permit: Contact the DPS Driver Licensing Program or visit a driver exam station with your completed Work Permit Application, employment verification, and any required SR-22 documentation.

For the court-ordered permit: Your defense attorney or the court clerk can advise on including the restricted permit request in your sentencing. Once the judge issues the order, bring it along with your SR-22 proof to a DPS exam station to receive the physical restricted license card.

The South Dakota Driver's License Reinstatement Guide includes the eligibility criteria, required forms, and the specific documentation for both pathways — so you know before you apply whether you qualify and what to bring.

See more South Dakota guides →