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South Dakota Laws > Title 22 > Chapter 7 - Habitual Offenders

^{Current as of: 2010}

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§ 22-7-7	One or two prior felony convictions--Sentence increased--Limitation--Felony determination
§ 22-7-8	Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence
§ 22-7-8.1	Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole
§ 22-7-9	Criteria for consideration of prior convictions
§ 22-7-10	Duty of law enforcement personnel to report knowledge of prior convictions
§ 22-7-11	Habitual criminal information--Filing--Contents--Proof
§ 22-7-12	Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial

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Comments (2) add comment

Slhutch866: ...

What is the minimum to maximum sentencing for a 13x felon receiving his 5th DUI charge? Does South Dakota have a habitual offender law that this individual may fall under?

January 17, 2013

Steven Daily: ...

Slhutch866,

You should consult with a South Dakota criminal attorney, but it appears to me that a 5th offense of DUI would be a class 4 felony:

http://www.lawserver.com/law/state/south-dakota/sd-laws/south_dakota_laws_32-23-4-7

The maximum punishment would normally be 10 years it seems:

http://www.lawserver.com/law/state/south-dakota/sd-laws/south_dakota_laws_22-6-1

However, the above habitual offender laws would apply. The manner in which they apply depends on whether the other crimes were violent.

Steve Daily
LawServer.com

January 17, 2013

Punishments and Sentencing

South Dakota Laws > Title 22 > Chapter 7 - Habitual Offenders

South Dakota Laws > Title 22 > Chapter 7 - Habitual Offenders

Questions & Answers: Punishments and Sentencing

South Dakota Laws: Punishments and Sentencing

U.S. Constitution Provisions: Punishments and Sentencing

U.S. Code Provisions: Punishments and Sentencing