Enhanced penalty for second, third, or subsequent violations--Limitation

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. Source: SL 2005, ch 120, § 430; SL 2012, ch 119, § 1.