22-6-5.2. Enhanced penalty for second, third, or subsequent violations--Limitation.
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/sd/title-22/chapter-22-6/22-6-5-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of chapter 32-23 , unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense.