Calculation of number of offenses

Except as authorized under § 32-23-4.9 , no previous conviction for, or plea of guilty to, a violation of § 32-23-1 , 22-18-36 , or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. Any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed. Source: SDC Supp 1960, § 44.03B23 (3) as enacted by SL 1963, ch 270 ; SDCL § 32-12-48 ; SL 1973, ch 195 , § 4; SL 1983, ch 244 , § 2; SL 1999, ch 164 , § 1; SL 2001, ch 177 , § 1; SL 2010, ch 165 , § 1; SL 2013, ch 101 , § 64.