South Dakota § 32-12A-11.5 - English language proficiency--Traffic offense or accident--Testing by law enforcement--Penalty.
Full text of South Dakota South Dakota Codified Laws § 32-12A-11.5 — English language proficiency--Traffic offense or accident--Testing by law enforcement--Penalty., with citation guidance and answers to common questions.
§ 32-12A-11.5. English language proficiency--Traffic offense or accident--Testing by law enforcement--Penalty.
If the holder of a commercial driver license or commercial learner's permit is issued a citation for a traffic offense, or is involved in a traffic accident, a law enforcement officer, except an officer acting under the authority of § 32-2-7, must determine whether the driver has sufficient English language proficiency to operate a commercial vehicle in this state.
If a law enforcement officer authorized under § 32-2-7 determines the driver is unable to respond to official inquiries in English proficiently, the officer may cite the driver for a violation of the English proficiency requirement contained in 49 C.F.R. § 391.11 (January 1, 2026), and place the driver out of service.
The offense of operating a commercial motor vehicle in this state without sufficient English language proficiency is:
(1) A Class 2 misdemeanor for a first offense; and
(2) A Class 1 misdemeanor for a second or subsequent offense.
Source: SL 2026, ch 134, § 6.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 32-12A-11.5
What does South Dakota Codified Laws § 32-12A-11.5 cover?
Section 32-12A-11.5 ("English language proficiency--Traffic offense or accident--Testing by law enforcement--Penalty.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 32-12A-11.5?
A common citation format is "South Dakota Codified Laws § 32-12A-11.5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 32-12A-11.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.