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.
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