Everything You Need to Know About South Dakota’s Texting and Driving Laws

In South Dakota, texting while driving will result in a $100 ticket, regardless of any prior offenses.
Written by Michelle Ballestrasse
Reviewed by Jessica Barrett
South Dakota’s
texting and driving laws are considered some of the weakest in the nation. There is currently no law on the state’s books that bans the use of handheld devices while driving. Texting while driving is considered a petty offense and may result in a $100 ticket. However, many individual cities have passed their own laws pertaining to texting while driving that differ greatly from the state’s own regulations.
According to the
South Dakota Department of Public Safety
, distracted driving was the cause of over 1,000 accidents in 2016. Despite its contribution as an ongoing factor in auto accidents, no meaningful legislation has been passed to ban the use of handheld devices while driving in South Dakota, except for drivers under the age of 18. However, in July 2014, the state passed legislation that specifically banned texting while driving.
Several of South Dakota’s cities find this particular ban insufficient and have taken matters into their own hands. This can make the laws surrounding texting and driving in the state confusing. So here at
Jerry
, we’ve compiled the following guide to understanding texting and driving laws in South Dakota.
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What are the texting and driving laws in South Dakota?

In South Dakota, texting while driving is considered a petty offense. When it comes to citing texting while driving, the state overall uses secondary enforcement. That means, outside of certain cities, you can only be cited for texting while driving if it contributed to an accident  where you are at fault or a moving violation, such as speeding.
However, in the following cities, texting while driving is a primary offense, which warrants primary enforcement:
  • Aberdeen
  • Box Elder
  • Bookings
  • Huron
  • Mitchell
  • Rapid City
  • Sioux City
  • Vermillion
  • Watertown
This means if you’re texting while driving in any of the cities listed above, officers can pull you over and cite you even if you’re not breaking any other driving laws.

What are the penalties for texting and driving in South Dakota? 

The penalty for texting and driving in South Dakota in terms of state enforcement is a ticket of $100, regardless of how many prior violations you may already have. It does not show up on your driving record.
Since you can only be cited if you’re already committing another moving violation, that violation may show up on your driving record.

Are there exceptions to South Dakota’s texting and driving law? 

No. Texting while driving is illegal in South Dakota, although the use of a handheld device is not. While there are no legal exceptions to the texting and driving law, it’s important to remember that the law itself is very rarely enforced outside of the cities listed above.

Are there special rules about texting and driving for young drivers? 

There are no special laws about texting and driving for young drivers. However, there is a ban on handheld devices for drivers with novice and intermediate driving licenses, which refers to drivers under the age of 18. Similar to the texting and driving law, it is policed with secondary enforcement.

Can texting and driving raise my insurance premium?

Texting and driving tickets may only be $100, but they’ll easily cost you more in the long run thanks to their negative effect on your driving record and, subsequently, your car insurance.
So what are we talking about when we say “negative effect?” Let’s look at it in terms of price before and after getting a ticket. 
In South Dakota, a driver with a clean record can expect their premium to cost an average of $1,386. But once the texting and driving ticket hits their driving record, that average price can go as high as $1,748, for an increase of $362, or 26%! That’s easily over three times the cost of the original ticket!
So we can easily establish that texting while driving is not only dangerous, but expensive to boot. Keeping your hands on the wheel and your eyes on the road not only helps you keep a clean record (and by extension,
lower insurance rates
) but keeps yourself and other drivers on the road safer.

How to save money on car insurance in South Dakota

Texting and driving tickets in South Dakota may not be too pricey, but you’ll wind up paying more in increased insurance rates. So if you’ve got one on your record already, or if you just feel like it’s time to find better rates, get
Jerry
on the job!
Once you’ve downloaded the Jerry app (off the road, mind you), just answer a few basic questions and let Jerry do the talking. Before you know it, you’ll have more than 50 quotes from top insurance companies to choose from, with great rates and the coverage you need. 
The best part is, Jerry users typically save an average of $887 per year!
Jerry
brought my insurance deductible down from $2.5k to $1k without me having to switch companies. I even had a ticket on my record. If it can help me, Jerry will definitely help you save money.” —Maxwell N.
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FAQs

No, you wouldn’t go to jail on a texting and driving charge since it’s considered a petty offense. However, if you commit another moving violation, like reckless driving, or are involved in an accident in which texting and driving played a role, you may very well be looking at some jail time. This depends on the severity of the primary offense to which the texting and driving violation is a part.
According to the NHTSA, distracted driving causes about 3,000 deaths a year, which makes texting and driving very serious. Taking your eyes off the road for only a second can have catastrophic or even deadly consequences. So save the texting for when you’re not behind the wheel.
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