Hitchhiking may feel like a nostalgic throw‑back, but in South Dakota it is not a free‑for‑all. Under the current 2026 statutes, soliciting rides on state‑maintained highways is illegal unless the hitchhiker is standing at an “designated stopping area” or the driver is already stopped for a legitimate reason. Violations can result in a misdemeanor charge, fines up to $500, and possible vehicle impoundment. The law aims to protect both travelers and motorists from unpredictable roadside encounters, especially on high‑speed rural stretches that dominate the state’s road network. (South Dakota Codified Laws § 42‑6‑25, 2024 amendment)
Statutory Basis
South Dakota’s motor‑vehicle code expressly prohibits “standing in a roadway to solicit a ride” except where signage or a highway patrol officer permits it. The 2026 revision added the requirement that a hitchhiker must be on the shoulder of a non‑controlled access road and must hold a visible sign indicating a destination within 50 miles. The statute classifies a first‑offense violation as a Class 2 misdemeanor, carrying up to $500 in fines and up to 30 days in jail. (South Dakota Codified Laws § 42‑6‑25)
Recent Enforcement Trends
From 2022 to 2025, the South Dakota Highway Patrol reported a 27 percent rise in citations for illegal hitchhiking, most concentrated in the Black Hills and the interstate corridors near Sioux Falls. In 2024 a statewide campaign highlighted the dangers of “stop‑and‑go” encounters during severe winter storms, resulting in over 1,200 warnings and 380 formal citations. The data suggest that law‑enforcement agencies are prioritising proactive education alongside punitive measures. (South Dakota Highway Patrol Annual Report, 2025)
Guidelines for Safe Hitchhiking
- Use designated pull‑off areas – Many rest‑areas and truck stops provide legally sanctioned spaces for solicitation.
- Stay on the shoulder of non‑interstate roads – Interstate highways are expressly off‑limits.
- Display a clear, legible sign – Include your destination and keep it illuminated after dark.
- Never accept rides from impaired drivers – South Dakota law allows a driver to decline a passenger for safety reasons without penalty.
- Carry identification – A driver may request proof of age; those under 18 are barred from hitchhiking on state highways.
Following these steps reduces the risk of legal trouble and aligns with the state’s public‑safety objectives.
Is it illegal to hitchhike on an interstate highway?
Yes. Interstate highways are excluded from the “designated stopping area” exception, making solicitation there a misdemeanor under § 42‑6‑25.
Can a passenger be charged if the driver is indicted for reckless driving?
The passenger is not automatically liable, but if the hitchhiker encouraged the reckless conduct, they could face a separate misdemeanor for “aiding and abetting” under § 22‑8‑3.
Are there any age restrictions for hitchhikers?
Individuals under 18 may not solicit rides on state‑maintained highways; they must be accompanied by a parent or guardian. Violations can lead to a juvenile citation.
What are the typical penalties for a first‑time offense?
A first offense usually yields a $250‑$500 fine and may include up to 30 days in jail, community service, or mandatory driver‑awareness classes.
How can a driver legally decline a hitchhiker?
A driver may refuse any passenger without providing a reason, provided the refusal does not stem from discriminatory motives prohibited by state civil‑rights law. No citation is issued for a lawful refusal.