No. There is no mandatory jail time required under the law for a 5th driving while license suspended conviction. However, most judges will be hard put to not give out some sort of jail sentence for a 5th DWLS.
Your wife truly needs the assistance an experienced criminal defense attorney to help minimize the amount of potential jail time that may be imposed upon her.
I could not agree with my colleague Mr. Tauber any more. There is no mandatory jail for repeat offenders of driving on a suspended license. However, many judges will be more inclined to give jail time for repeat offenders, especially someone with as many as your wife has. All the more reason to have an attorney experienced in criminal defense and ideally one with experience with her particular court and judge. There may be grounds to challenge the stop or mitigating factors to convince a prosecutor of a lessor charge or a judge for no jail or less jail. AVVO and Google are great places to begin your search for legal counsel.
The judge is not required to impose a jail sentence, but most judges would, given that past probations failed to deter the illegal conduct from being repeated. She should hire a lawyer now.
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