Legal Question in DUI Law in Mississippi

My girlfriend got a DUI in MS 16 years ago. She just got another one in Florida. Will the first one still be on her criminal record? What were the laws back in 1992?

Asked on 9/09/09, 6:23 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

The first DUI will be "on her record" but cannot be used as a basis to "enhance" this offense to make it a "Second Offense" because the laws universally require a conviction within five (5) years of the date fo the current offense in order to upgrade the offense to a "Second Offense" or even worse, to a "Felony 3rd Offense". Nevertheless, a Prosecutor will be able to ascertain you have a history several years ago. An Insurance Company generally would not be privy to that information even if it were "requested" during the "application review process"

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Answered on 9/15/09, 9:26 pm

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