Perryman, 060474 MSAGO, 1974-0006

Case DateJune 04, 1974
CourtMississippi
Mr. Whitley Perryman
No. 1974-0006
Mississippi Attorney General Opinions
June 4, 1974
         Mr. Whitley Perryman          Justice of the Peace          District 5          Route 4, Box 415          Hernando, Mississippi 38632          Dear Mr. Perryman:          Attorney General Summer has received your letter of request and has assigned it to the undersigned for research and reply.          In your letter of May 13, 1974, a copy of which is attached, you asked if a person charged with D.W.I. and found quality, who takes the driver rehabilitation program changing the conviction of D.W.I. to one of D.U.I. and then later is charged with D.U.I., but refuses to take the test, loses his license? Also you asked if this is equivalent to two D.U.I. convictions?          I have attached a copy of the following statutes.          Section 631135, Mississippi Code of 1972, Annotated mandates a one year revocation of the license of a person convicted of D.W.I. However, a first offender of D.W.I. may participate in the driver rehabilitation program provided for in Section 631132. Mississippi Code of 1972 Annotated (supl.1973) and reduce his conviction of D.W.I. to one of D.U.I. But on a second conviction for D.U.I., as in the situation you described, provided the offenses were committed within a two year...

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