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.
S.D. Codified Laws § 32-23-4.1
Calculation of number of offenses
Applied in 14 court decisions — leading case State v. Huettl (1985)
Most recently applied in State v. Mundy-Geidd (December 2014)
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 …
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.