S.D. Codified Laws § 32-33-16
Whenever a criminal prosecution is instituted by the Division of Highway Patrol, or any of its agents, patrolmen, or employees, and it appears to the court in which such prosecution is instituted or maintained that any vehicle has been operated which does not conform to the provisions of this title or chapter 49-28 governing the operation of such vehicle, or operation by motor carriers, or the registration or license laws, the court shall impound such vehicle and not permit the same to be driven until it shall be made to conform to such laws; and if such vehicle is operated as a motor carrier in violation of laws relating to compensation for unusual use of the highways, such court may impose the penalties provided in such laws.
SDCL 32-33-16