US Laws, Codes, Statutes & Cases

     32-23-4.1.   Conviction prior to certain time period not to be considered--Calculation of time period. No previous conviction for, or plea of guilty to, a violation of § 32-23-1 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. However, 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.