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, 22-18-36, or 22-16-41, and occurring within ten years prior to the date of the violation being charged, or twenty-five years if the requirements of § 32-23-4.9 have been satisfied, must be used to determine if the violation being charged is a second, third, or subsequent offense.

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Terms Used In South Dakota Codified Laws 32-23-4.5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Source: SL 1983, ch 244, § 3; SL 2001, ch 177, § 2; SL 2010, ch 165, § 2; SL 2023, ch 106, § 1.