South Dakota
Driver Information By State
Every state regulates driver's license eligibility of persons with certain medical conditions. The most common requirement for people with epilepsy is that they be seizure free for a specific period of time and submit a physician's evaluation of their ability to drive safely. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed.
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| Law | South Dakota |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | Every 6 months until 1 year seizure-free |
| Seizure-Free Period | 6-12 months, less with doctor's recommendation |
South Dakota Driver Licensing Laws
A person with epilepsy may obtain a license if they submit a physician's certification that the individual's epilepsy is controlled by medication and that the applicant is continuing to take medication. A temporary license may be issued and is reviewable every six months until the person has been seizure free for twelve months. S.D. CODIFIED LAWS § 32-12-5.1 (2020). Medical information is reviewed by the Department of Public Safety personnel. S.D. CODIFIED LAWS § 32-12-4.5 (2020). The Department of Public Safety, having good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five days to the licensee, require them to submit to an examination or interview. Upon the conclusion of such examination or interview, the department shall take action as may be appropriate and may deny or cancel the license of such person or permit them to retain such license, or may issue a license subject to restrictions. S.D. CODIFIED LAWS §§§ 32-12-46, 32-12-36, 32-12-37 (2020).
Refusal or neglect of the licensee to submit to such examination or interview shall be grounds for cancellation of their license. S.D. CODIFIED LAWS § 32-12-46 (2020). A person whose license has been denied or cancelled may appeal the decision by petitioning for an administrative hearing.
Commercial Driving
South Dakota uses the federal DOT’s standards for licensing people to drive commercial motor vehicles. S.D. CODIFIED LAWS § 32-12A-7 (2020). An individual must also meet the federal DOT's medical criteria for being licensed to drive a school bus. S.D. CODIFIED LAWS § 32-12A-24 (2020).
South Dakota Identification Card
Any person aged 12 years or older may obtain an identification card at a Department of Public Safety examination center by showing proper identification and paying a $28 fee. S.D. CODIFIED LAWS § 32-12-17.2 (2020).
South Dakota Reporting
There is no provision requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. Nor is there any law or regulation imposing an affirmative duty on licensees to report any seizure which occurs between license renewals.
© 2020 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2020. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.