32-23-4.1. 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.