Smith v. State

¶20. I respectfully disagree with the majority opinion and would affirm Smith’s conviction of felony DUI, third offense. The majority interprets a portion of our DUI statute, Mississippi Code Annotated section 63-ll-30(2)(c) (Rev.2004), to require that two previous DUI arrests, rather than convictions, are required to have occurred within a five year period of the third DUI arrest to subject the defendant to the charge of felony DUI. I would interpret our implied-consent law to require that a defendant have two prior DUI convictions occur within five years of the charge of the third DUI,…