South Dakota Counterfeit Instruction Permit: Penalties, Fines, and Criminal Charges

Fake-permit offenses can range from misdemeanors to more serious fraud charges depending on what was made, altered, possessed, displayed, or used.

The exact offense determines the maximum fine, jail exposure, and possible licensing consequences.

Legal Consequences of a Counterfeit South Dakota Permit

Counterfeiting, forging, or altering a South Dakota permit is a Class 2 misdemeanor under SDCL 32-12-75.2. Possession or display of a fictitious or fraudulently altered permit is a separate Class 1 misdemeanor under SDCL 32-12-67. The SD DPS can deny licensing for a minimum of 6 months after conviction. Charges escalate to a felony if used for fraud.

• SDCL 32-12-75.2:Counterfeiting, forging, or altering a department-issued credential - Class 2 misdemeanor
• SDCL 32-12-67:Possessing or displaying a fictitious or fraudulently altered driver's license or permit - Class 1 misdemeanor
• SDCL 22-39-36:Possession of a fictitious instrument with intent to defraud - escalates to felony territory
• Felony escalation:Charges move from misdemeanor to felony when the permit is used for identity theft, fraud, or deceiving a government agency - including traffic stop deception

Is Changing the Birth Date or Photo on a Real South Dakota Permit Considered a Fake Permit?

Yes. South Dakota law covers altering a department-issued driver license or identification card, not only making a completely counterfeit card. Changing a birth date, photo, or other credential information can fall under the same Class 2 misdemeanor provision.

Can You Get in Trouble for Possessing a Fake Permit Even If You Never Use It?

Yes. SDCL 32-12-67 makes possessing a fictitious or fraudulently altered driver credential a Class 1 misdemeanor, even without displaying it. That is separate from the Class 2 offense of counterfeiting, forging, or altering the credential under SDCL 32-12-75.2.

Fines, Jail Time, and Court Proceedings

The Class 2 counterfeiting offense carries up to a $500 fine and/or 30 days in county jail. The separate Class 1 possession/display offense carries up to a $2,000 fine and/or one year in county jail. Court costs of $100-$300 are additional. A permanent criminal record follows and appears on all background checks.

• Fines:Up to $500 for the Class 2 counterfeiting offense or $2,000 for the separate Class 1 possession/display offense, plus applicable court costs and surcharges
• Jail Time:Up to 30 days in county jail for a Class 2 Misdemeanor (Class 1 carries up to one year)
• Criminal Record:A permanent criminal record - visible to future employers, landlords, and licensing agencies

A Sioux Falls teen presented a fake permit during a traffic stop near the Empire Mall. Court imposed a fine and 40 hours of community service. The teen's future license application was delayed for 18 months pending the criminal disposition.

Important:A Rapid City individual used a forged permit to rent a car - charges escalated to felony fraud. License eligibility was suspended until age 21 by court order.

A Pierre resident ordered a fake permit online. A routine DPS document check during an unrelated visit flagged the discrepancy - a fine, one-year license application denial, and a misdemeanor conviction on their permanent record.

What Happens If a Fake Permit Is Used to Buy Alcohol or Enter a Bar?

If a person under 21 uses any document to misrepresent age for the purpose of purchasing or attempting to purchase alcohol, South Dakota treats that conduct as a separate Class 2 misdemeanor under SDCL 35-9-2. Entering an age-restricted venue can involve additional rules, but the alcohol statute specifically covers the purchase or attempted purchase of alcohol.

Future Licensing After a Fake-Permit Offense

The SD DPS can deny, suspend, or cancel any future permit or license application following a fraud conviction. Courts may impose age-based denial blocking all licensing until a specified age.

• The SD DPS can deny, suspend, or cancel any future permit or license application following a fraud conviction
• A conviction appears on your driving record and is reviewed during every future application
• Courts may impose an age-based denial - some convictions result in no license eligibility until a specified age
• Federal identification and employment background checks will reflect the conviction

For legitimate South Dakota permit applications and document requirements, see the South Dakota Learner's Permit guide on shoro.ai.