SDCL § 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.