2001 Session Laws Chapter 177

ENTITLED, An Act to extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 32-23-4.1 be amended to read as follows:

32-23-4.1. No previous conviction for, or plea of guilty to, a violation of § 32-23-1 occurring more than ~~five~~ 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.

Section 2. That § 32-23-4.5 be amended to read as follows:

32-23-4.5. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of § 32-23-1, and occurring within ~~five~~ ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second, third , or subsequent offense.