South Dakota Reckless Driving Laws: Penalties, Points and Racing

South Dakota makes reckless driving a Class 1 misdemeanor under SDCL 32-24-1, which covers driving "carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property." That carries up to one year in county jail, a $2,000 fine, or both, and a second conviction within one year adds a mandatory 30-day revocation. South Dakota sets no speed at which driving becomes reckless by itself, and a 2025 law added street racing offenses and a Class 6 felony for coordinating, facilitating or collecting money from a race, a stunt-driving exhibition or a street takeover.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota Codified Laws on reckless, careless and exhibition driving (Chapter 32-24), the 2025 street racing and street takeover sections, eluding a law enforcement officer, the related point and license rules in Chapter 32-12, and driving without a valid license. It does not cover DUI penalties (see South Dakota DUI laws), homicide offenses (see South Dakota manslaughter laws), leaving the scene of a crash (see South Dakota hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in South Dakota?

Section 32-24-1 of the South Dakota Codified Laws provides:

"Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless driving. Reckless driving is a Class 1 misdemeanor." SDCL 32-24-1

The section sets out two alternatives joined by "or":

• driving carelessly and heedlessly in disregard of the rights or safety of others; or
• driving without due caution and circumspection and at a speed or in a manner that endangers, or is likely to endanger, any person or property.

The places are part of the definition: a highway, an alley, a public park, a recreational area, or the property of a public or private school, college or university. The careless driving and exhibition driving sections (32-24-8 and 32-24-9) use the same list of places.

Is reckless driving a misdemeanor in South Dakota? Penalties

Yes, and it is the more serious of South Dakota's two misdemeanor classes. Section 22-6-2 provides that "Misdemeanors are divided into two classes," with these maximums:

Failing to stop at least fifteen feet from a school bus with its red signal lights flashing, or to slow to fifteen miles per hour or less and pass with caution when its amber warning lights are flashing (with exceptions on highways with two or more lanes in each direction), is a separate Class 1 misdemeanor under Section 32-32-6, the same class as reckless driving.

A second reckless driving conviction within one year

Section 32-24-3 keeps a repeat offense at the same class but adds a license consequence:

"If a conviction for a violation of § 32-24-1 is for a second or subsequent offense within a period of one year, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, order that the defendant's driving privilege be revoked for thirty days." SDCL 32-24-3

The same section allows the court, "upon proof of financial responsibility pursuant to § 32-35-43.1," to issue an order permitting the person to drive for employment, attendance at school, or attendance at counseling programs. It also allows the court to order revocation "for a further period not to exceed one year" or to restrict the privilege "in such manner as it sees fit for a period not to exceed one year."

Section 32-24-1 has no separate tier for injury or property damage. When driving injures or kills someone, other South Dakota offenses apply; see the vehicular homicide pointer below.

How fast is reckless driving in South Dakota?

South Dakota sets no speed at which driving becomes reckless by itself. Section 32-24-1 reaches speed only through its second alternative, driving "at a speed or in a manner so as to endanger or be likely to endanger any person or property," which turns on the circumstances rather than a number.

Speeding is a separate crime. Section 32-25-3 provides that "It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Commission."

Reckless driving points and license suspension in South Dakota

South Dakota scores moving violations under Section 32-12-49.1. Its list, in full, is:

The section adds that "other moving offenses" does not include speeding offenses. The list does not name careless driving; its catch-all for other moving offenses is two points.

• Point threshold. Under Section 32-12-49.2, an operator "is subject to driver license or driving privilege suspension" when convicted of traffic violations resulting in "the accumulation of fifteen points within any twelve consecutive months, or twenty-two points within any twenty-four consecutive months."
• Habitually reckless or negligent operators. Section 32-12-49(2) lists, among the grounds for department action, that a driver "Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws," and directs the Secretary of Public Safety to apply the 32-12-49.1 point weighting. In deciding whether to suspend or revoke under that section, the director "may not consider any offense that is more than four years old."
• Suspension lengths. For suspensions under 32-12-49(2) or (4), Section 32-12-49.3 sets the period from the licensee's record during the last 48 months: 60 days for a first suspension, six months for a second, and one year for a subsequent suspension.
• Second reckless conviction in a year. The court-ordered 30-day revocation under 32-24-3, described above.

For commercial drivers, South Dakota's commercial license chapter defines serious traffic violations to include excessive speeding of 15 mph or more over the posted limit, "Reckless driving, in violation of § 32-24-1," and "Careless driving, in violation of § 32-24-8" (32-12A-1). Federal rule 49 C.F.R. 383.51 (Table 2) disqualifies a commercial license holder for 60 days on a second serious traffic violation conviction in a separate incident within 3 years and 120 days on a third, and a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Careless driving in South Dakota

Careless driving is South Dakota's lower-tier offense. Section 32-24-8 provides:

"Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor." SDCL 32-24-8

Careless driving shares much of reckless driving's wording but drops the "heedlessly in disregard of the rights or safety of others" alternative and is defined as conduct "not amounting to reckless driving." As a Class 2 misdemeanor it carries a maximum of 30 days in county jail, a $500 fine, or both.

Chapter 32-24, titled "Reckless and Unsafe Driving," contains no separate aggressive driving offense.

Exhibition driving, street racing and street takeovers in South Dakota

Exhibition driving. Section 32-24-9 covers driving in those same places "in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or stopping; that simulates a temporary race; or that causes the vehicle to unnecessarily turn abruptly or sway." Exhibition driving is a Class 2 misdemeanor.

The 2025 racing and takeover law. Session Laws 2025, chapter 129 (Senate Bill 116), in force July 1, 2025, added Sections 32-24-10 onward and repealed two older racing sections, 32-25-23 and 32-25-25. Section 32-24-10 defines its terms for Sections 32-24-11 to 32-24-16, including:

• Street takeover: "the taking over of a portion of a public highway, roadway, or parking lot by blocking or impeding the regular flow of traffic to perform a race, drag race, or stunt driving."
• Stunt driving: "to perform or engage in a burnout, doughnut, drifting, wheelie, or other dangerous motor vehicle activity on a public highway, roadway, or parking lot."
• Burnout, doughnut, drifting and wheelie, each defined as a maneuver (for example, a burnout keeps the vehicle stationary or in motion while the wheels spin so the tires heat up and emit smoke).
• Race and drag race, covering attempts to outgain, outdistance or prevent another vehicle from passing, to arrive at a destination ahead of another vehicle, or to compare speed or acceleration over a common course.

The grades are:

• Street racing (32-24-11): a Class 2 misdemeanor to drive a motor vehicle on a public highway "in a race, speed competition or contest, acceleration race or contest, or exhibition of speed or acceleration, or to make a speed record," or to participate in any manner in such an event. The sentencing court "may revoke" the license for up to thirty days.
• Organized or challenge racing (32-24-12): a Class 1 misdemeanor when the conduct "is organized or occurs as a result of a competitive response to conduct on the part of one or more drivers that, under the totality of the circumstances, can reasonably be interpreted as a challenge to a race," or for participating in such an event. On conviction, "the court must revoke the defendant's driver license for a period of eighteen months."
• Coordinating or profiting (32-24-13): a Class 6 felony "to coordinate or facilitate, or collect money incident to" any of these involving a motor vehicle on a public highway: a race, a drag race, an organized race, a speed competition or contest, an acceleration race or contest, an exhibition of speed or acceleration, "An exhibition of stunt driving," or "A street takeover."
• Unknown driver (32-24-14): if the driver of a vehicle used in a 32-24-11 or 32-24-12 violation is unknown, "the vehicle is subject to a civil penalty of one thousand dollars."
• Vehicle penalty (32-24-15, 32-24-16): the state's attorney may bring a civil in rem proceeding against a vehicle used in a 32-24-11 or 32-24-12 violation; if that use is established by a preponderance of the evidence, a $1,000 civil penalty is assessed against the vehicle and is a lien on it until paid. The lien does not apply to a vehicle that, at the time of the violation, was leased, loaned or being used without the owner's permission.
• Authorized events (32-24-17): Sections 32-24-11 to 32-24-15 do not prohibit a race, competition, contest or exhibition that is licensed, permitted or otherwise authorized by the Transportation Commission or other local authorities.

Eluding a law enforcement officer in South Dakota

South Dakota grades flight from police in four steps:

• Failure to stop (32-33-18): a driver who "intentionally fails or refuses to bring a vehicle to a stop, when given visual or audible signal to bring the vehicle to a stop" by a uniformed officer in a marked vehicle commits a Class 2 misdemeanor. The court may also order the driver's license revoked for up to one year.
• Third degree eluding (32-33-18.1): a driver who, after failing or refusing to stop, "flees from the law enforcement officer or attempts to elude the pursuit" commits a Class 1 misdemeanor. The court may also order the driver's license revoked for up to one year.
• Second degree eluding (32-33-18.2): a Class 6 felony if, at any time during the flight or pursuit, the driver "operates the vehicle in a manner that constitutes an inherent risk of death or serious bodily injury to any third person." The court "may order" revocation for up to one year (with a work, school or counseling permit possible on proof of financial responsibility), and for any subsequent second degree eluding violation "must order" a five-year revocation.
• First degree eluding (32-33-18.3): a Class 4 felony when the driver also "causes serious bodily injury to another person," with a mandatory revocation of "not less than three years" from sentencing or from initial release from imprisonment, whichever is later.

Eluding or attempting to elude a police officer is 6 points.

Is there a wet reckless in South Dakota?

South Dakota's DUI chapter contains no wet reckless provision. Chapter 32-23 does not mention reckless driving, and its prior-offense rules count only convictions or guilty pleas under 32-23-1 (DUI), 22-18-36 (vehicular battery) and 22-16-41 (vehicular homicide) (32-23-4.1, 32-23-4.8).

The chapter does regulate reductions of DUI charges in general. Section 32-23-1.3 provides that a person arrested with a blood alcohol weight of 0.08 percent or greater "shall be charged with a violation of § 32-23-1," and that "The charge may be reduced or dismissed only if the prosecuting attorney states the reasons for reduction or dismissal in writing and on the record and files the reasons with the clerk of courts." The section does not name a charge to which a DUI may be reduced. For DUI penalties, see South Dakota DUI laws.

Driving without a license in South Dakota

No valid license. Section 32-12-22 provides that, except for those expressly exempted in 32-12-22.1 to 32-12-28, no person "may drive any motor vehicle upon a highway in this state unless the person has a valid driver license," and that a violation is a Class 2 misdemeanor.

License not in possession. Section 32-12-39 requires a licensee to have the license "in the licensee's immediate possession at all times when operating a motor vehicle" and to display it on demand; a violation is a petty offense. Section 32-12-40 provides that "No judgment may be issued against a person charged with violating § 32-12-39, if the person produces in court, or the office of the officer making the demand, the person's valid driver license," and that if the license had been expired for not more than thirty days, the action "shall be dismissed" if the person produces in court, within thirty days, a valid license or a validated receipt and temporary permit showing the license is pending.

Driving while revoked, suspended or canceled (Section 32-12-65). Driving on a public highway while the privilege is revoked is a Class 1 misdemeanor; while suspended or canceled, a Class 2 misdemeanor. Under Section 32-12-66, a conviction for driving while suspended makes the Department of Public Safety "extend the period of suspension for an additional like period," and after a conviction for driving while revoked the department "may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license."

South Dakota reckless driving and related offenses: penalty table

The misdemeanor ranges come from SDCL 22-6-2, and the felony ranges from SDCL 22-6-1: a Class 4 felony carries ten years in a state correctional facility, and "In addition, a fine of twenty thousand dollars may be imposed"; a Class 6 felony carries two years or a fine of $4,000, or both. For the full class table, see South Dakota felony and misdemeanor classes.

Off the road, Section 32-20A-2 separately makes it a Class 2 misdemeanor to operate a snowmobile "In any reckless way so as to endanger the person or property of another."

Vehicular homicide in South Dakota

When an impaired driver operating in a negligent manner causes a death, the governing offense is vehicular homicide under SDCL 22-16-41, covered with South Dakota's other homicide offenses on the South Dakota manslaughter laws page.

Recent changes to South Dakota reckless driving laws

• 2025: street racing, stunt driving and street takeovers. Session Laws 2025, chapter 129 (Senate Bill 116), in force July 1, 2025, enacted Sections 32-24-10 onward: the definitions of burnout, doughnut, drifting, wheelie, stunt driving and street takeover; the Class 2 street racing and Class 1 organized-racing offenses with their license revocations; the Class 6 felony for coordinating, facilitating or profiting; the $1,000 civil penalties against a vehicle used in a race, including when the driver is unknown; and an exclusion for authorized events, among other provisions. It repealed the older racing sections 32-25-23 and 32-25-25.
• 2025: school buses. Session Laws 2025, chapter 131 (House Bill 1094), in force July 1, 2025, raised a violation of the school bus stop-and-slow rule in 32-32-6 from a Class 2 to a Class 1 misdemeanor.
• 2024: eluding tiers. Session Laws 2024, chapter 121 amended the third and second degree eluding sections (32-33-18.1 and 32-33-18.2) and enacted first degree eluding (32-33-18.3), the Class 4 felony for eluding that causes serious bodily injury.

Related South Dakota laws

• Reckless driving laws by state
• South Dakota DUI laws
• South Dakota manslaughter laws
• South Dakota felony and misdemeanor classes
• South Dakota hit-and-run laws
• South Dakota expungement laws

This article is general legal information about South Dakota law, not legal advice. For a specific situation, contact a lawyer licensed in South Dakota, or the South Dakota Department of Public Safety for driver license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in South Dakota?

Yes. SDCL 32-24-1 makes reckless driving a Class 1 misdemeanor, the higher of South Dakota's two misdemeanor classes, punishable by up to one year in county jail, a $2,000 fine, or both (22-6-2).

Does a second reckless driving conviction suspend your license in South Dakota?

Yes, when it comes within one year of the first. SDCL 32-24-3 requires the court to revoke the driving privilege for 30 days, allows a work, school or counseling driving order on proof of financial responsibility, and allows up to one more year of revocation or restriction.

How fast is reckless driving in South Dakota?

South Dakota sets no speed that is reckless driving by itself. Section 32-24-1 reaches speed only when it endangers or is likely to endanger people or property, and speeding is a separate Class 2 misdemeanor under 32-25-3.

How many points is reckless driving in South Dakota?

Eight points under SDCL 32-12-49.1. A driver convicted of violations totaling 15 points within 12 consecutive months, or 22 within 24, is subject to suspension (32-12-49.2).

What is the difference between careless and reckless driving in South Dakota?

Reckless driving (32-24-1) is careless and heedless driving in disregard of others' rights or safety, or endangering driving without due caution, and is a Class 1 misdemeanor. Careless driving (32-24-8) is endangering driving without due caution that does not amount to reckless driving, and is a Class 2 misdemeanor.

Does South Dakota have a wet reckless?

Its DUI chapter does not provide for one. Chapter 32-23 does not mention reckless driving, and the prior-offense rules count only DUI, vehicular battery and vehicular homicide. Section 32-23-1.3 allows a 0.08 DUI charge to be reduced or dismissed only with the prosecutor's written reasons on the record.

Is a street takeover illegal in South Dakota?

Yes. Under a 2025 law, coordinating, facilitating or collecting money incident to a street takeover, a stunt-driving exhibition or a race on a public highway is a Class 6 felony (SDCL 32-24-13). Driving in a street race is a Class 2 misdemeanor, or a Class 1 misdemeanor if organized or in response to a challenge.

What happens if you drive without a license in South Dakota?

Driving on a highway without a valid license is a Class 2 misdemeanor (SDCL 32-12-22). Driving while revoked is a Class 1 misdemeanor, and driving while suspended or canceled is a Class 2 misdemeanor (32-12-65).