Can she be charged with a 3rd?

[tooler82]

Live in Mississippi

My wife went through a hard time and got on drugs. Shes since been sober for almost 4 months now. She was charged with a 2nd dui but her sentence they dropped it to a 1st. Not long after she got another and is charged with a 3rd which is a felony and a lot of jail time. Obviously we will have to get a lawyer for her court date in January. My question is can she be charged with a 3rd since her last was dropped to a 1st?

 

[HighwayMan]

Yes, of course she can. And yes, SHE needs an attorney, as well as alcohol counseling since she obviously has a bad drinking problem.

 

[quincy]

Live in Mississippi

My wife went through a hard time and got on drugs. Shes since been sober for almost 4 months now. She was charged with a 2nd dui but her sentence they dropped it to a 1st. Not long after she got another and is charged with a 3rd which is a felony and a lot of jail time. Obviously we will have to get a lawyer for her court date in January. My question is can she be charged with a 3rd since her last was dropped to a 1st?

If your wife's court hearing is in January, your wife has until January to start gathering proof for the court that she recognizes she has a substance abuse problem and is actively getting help for it. She needs to get into a treatment center or counseling program NOW.

With either a second or third DUI, your wife is looking at significant jail time, fines, a driver's license suspension and having an interlock device installed in her vehicle for when she is allowed to drive again.

Obviously it would be better (not good, but better) to be convicted of a misdemeanor rather than a felony. If your wife has any chance at all of a reduction in the charge, however, she will need a skilled defense attorney.

Her priorities should be in lining up an attorney and in getting help for her addiction. You can help by steering her in the right direction.

Good luck.

 

[FlyingRon]

Just because they lowered the sentence doesn't mean the conviction didn't happen. The big question is how long ago the FIRST DUI occurred. There's a rather short (5 year) lookback period in Mississippi.

Notwithstanding that, I agree with the other posters:
1. She needs an attorney.
2. She needs substance abuse help

 

[justalayman]

They may have dropped the charge to a first offense for prosecution but it only requires being able to count to determine whether the newest charge is a second or third conviction. Many states laws will allow for a reduction of a charge but they generally retain the conviction as counting towards the count for enhanced charges. That is often the case even if one of the cases was dealt with through a deferred adjudication process.

If this is her third conviction within 5 years, nothing else matters.