In State v. Nilson, 364 N.W.2d 532 (S.D. 1985), the defendant, when he pled guilty to two prior charges of driving while intoxicated, was warned that the offenses could be used for enhancement purposes for four years.
Thereafter, the time period during which prior offenses would cause an enhanced penalty was increased from four to five years.
The court held that the defendant could be sentenced as a third time offender, despite the fact that one of the offenses had occurred more than four years prior to the third offense.
The five year warning could not have been given at the time of his guilty plea because that was not the law at the time.