Home > Research Legal Advice > DUI / DWI > MY BOFRIEND IS GETTING CHARGED WITH 3 DUI BUT HE ONLY GOT CHARGED FOR FI...
Asked over 2 years ago - Meridian, MS
FlagHE GOT HIS LAST CHARGE IN 2/2011. CAN HE GET CHARGED WITH 3RD TIME DUI EVEN THOUGH HE HAVEN'T BEEN PUNISH FOR A SECOND DUI?
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A charge is not a conviction!All that law enforcement needs to charge your friend is a DUI ticket and a pen that works! Mississippi DUI Laws have a five year lookback provision which allows prior DUI CONVICTIONS to be used to enhance the punishment so that the third DUI can be treated as a felony,with one to five years prision time,loss of license and seizure of your car subsequent sale with the money given to the state.Was he CONVICTED in both 2006 and 2008? If so then this is a true third offense,and if not then it's either a first offense,or a second DUI offense if based on the 2006 conviction.Please contact a Mississippi DUI Lawyer today and good luck!
Victor Carmody
In California, if he only has one DUI conviction and his previous two DUI cases have been adjudicated, this will be charged as a second DUI. It is unclear from your question whether the second DUI charges from 2008 are pending or if that case was dismissed. If that case was dismissed or consolidated into one DUI, this will be his second DUI if he is convicted of it. However, if his second DUI case is still ongoing, he will suffer a third DUI conviction if he is convicted or pleads to both of them. For more information: contact us at
(415) 819-1853 or www.walialawfirm.com
