It is true that Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania don't require SR-22s, but if you have an SR-22 and then move to one of these states, you normally must continue to meet the requirements of the SR-22 state where the offense was committed. New York and North Carolina don't require SR-22 filings, and most companies don't offer out-of-state SR-22 filings for policies in these states.

State laws differ so some SR-22 states require you to obtain and maintain a SR22 if you have been convicted of certain offenses in their state but hold an out of state license or move out of state. Other SR-22 states will not require you to file a SR-22 with them if you are licensed outside of their state and violate a law that would require a resident of their state to obtain a SR-22.

In your example you asked about South Dakota and Minnesota in particular. We contacted the SD Department of Public Safety about this type of situation. They responded that an individual who has a DWI conviction in South Dakota is only required to file an SR-22 here if they are living or licensed in SD. If the arrest information shows they were a Minnesota resident, and they don’t hold a South Dakota driver license/ID, they would not be required to file an SR-22 in South Dakota. An exception is if they relocated during the three-year filing period to SD.

The South Dakota driving privilege would be revoked for the appropriate time for the DWI driver, then the person would become eligible to obtain a license in their home state as long as there are not any other suspensions/revocations in any other state the DPS representative also noted.

So in your example states the person from Minnesota would not have to file a SR-22 since they are not a resident of South Dakota and live in a state that does not require SR-22s to be filed. Other states though have different laws where even if you are from a state where a SR-22 is not required you have to file one back in the SR-22 state where you were convicted of a SR-22 worthy offense.

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