Gulfport, MS asked in Criminal Law and Federal Crimes for Mississippi

Q: So if I had a third offense 20 years ago and went to prison for and a few more with in those 20 years after I got out

But the 5 year rule always a started me over so therefore it was always 1st offense so now over a 30 year driving career you can go back and charge me no matter when the offence happened call parchman and see if I can have the same bed I had 25 years ago

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1 Lawyer Answer
Kevin Stewart
Kevin Stewart
  • Criminal Law Lawyer
  • Flowood, MS
  • Licensed in Mississippi

A: I assume you are referencing the new DUI law that became effective a few years ago. For a person to be charged with a felony DUI 3rd offense, the offenses must have occurred within the past 5 years. This law is still good law as it relates to a 3rd offense; however, the legislature added a felony DUI 4th offense to the law. This allows law enforcement to use prior convictions over your entire lifetime to enhance to a DUI 4th. If you are charged with a 4th offense, you face 2 to 10 years in prison to go along with a hefty fine.

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