COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN SOUTH DAKOTA
CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your South Dakota commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in South Dakota or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges. You can have your license suspended for any of the violation types:
Major Offenses:
In South Dakota, the following major offenses will lead to CDL disqualification, whether they are committed in a commercial vehicle (CMV) or a non-CMV:
- Driving with a blood alcohol concentration (BAC) higher than the legal limit (0.04% in a CMV).
- Refusing to take a test for BAC when asked by law enforcement.
- Leaving an accident scene.
- Use of a CMV to commit a felony, including the manufacturing and distributing of a controlled substance. (This warrants a lifetime disqualification.)
- Negligent commercial vehicle operation that leads to a
- Operating a CMV when you have a disqualified, suspended, or revoked CDL.
Major Offense Penalties:
- 1st violation: Disqualification for 1 year.
- 3 years if you were transporting hazardous materials in your CMV.
- 2nd violation: Lifetime disqualification.
If your CDL is disqualified for life, the state may award reinstatement after 10 years. However, if you are found to have committed a major violation after your reinstatement, you will receive a permanent and irreversible disqualification.
Serious Traffic Violations:
- Excessive speeding.
- Driving recklessly.
- Improperly changing lanes.
- Following other vehicles too closely.
- Failing to yield the right of way.
- Causing a fatal accident by the violation of any motor vehicle traffic control law (other than a parking violation).
- Operating a CMV without having obtained a CDL, without having a CDL on you, or with a CDL that lacks the proper endorsements.
Serious Traffic Violation Penalties:
- 2nd violation within 3 years: suspension for 60 days.
- 3rd violation within 3 years: suspension for 120 days.
Railroad Crossing Violations:
- Failing to slow and check that the tracks are clear.
- Failing to stop when required.
- Driving across the tracks when sufficient space for the CMV is not available.
Railroad Crossing Violation Penalties:
- 1st violation: minimum 60-day suspension.
- 2nd violation within 3 years: minimum 120-day suspension.
- 3rd violation and any subsequent violations within 3 years: minimum 1-year suspension.
Out-of-Service Violation Penalties:
If you violate an out-of-service order, you face the following disqualifications:
- 1st violation: minimum 90-day suspension.
- 2nd violation: minimum 1-year suspension.
- 3rd violation (or additional violations): minimum 3-year suspension.