In Alexandria, a third offense often results in a trip to Circuit Court, as well considerations of serious penalties including jail time. It is a more involved and much more sophisticated process than handling a first or second offense.
For a second offense, an Alexandria DUI attorney may look at a first offense and prior convictions in even more detail and examine every piece of paperwork, as well as all prior convictions to make sure that they are constitutionally firm. The high stakes of this offense make it important that all possible defense angles are investigated and taken into account.
The mandatory minimum jail time goes up if it is a subsequent offense or a third offense after someone has received an additional offense, such as DUI maiming, DUI manslaughter, or something of that nature. That includes another additional mandatory minimum of a year and a $1,000 fine.
If a person is convicted of a felony DUI pursuant to 18.2-256, the vehicle they solely own and operate that was used during the commission of that charge may be subject to seizure or forfeiture. They have to get notice of that, but they can still go after the person’s license. In addition, there are aggravating factors that can make the penalties more serious such as there are children in the car.
Additionally, there are two different BAC levels that result in enhanced penalties. The first is for a BAC from 0.15 to 0.20, and the second is for a BAC above 0.20.
Due to the ability for penalties to be enhanced so significantly, a robust defense against third offense DUI charges is crucial.
If a person is charged with a third offense DUI charge in Alexandria, their license is suspended indefinitely until the trial date. If they are convicted, their license is suspended indefinitely, but no less than 10 years.
Additionally, a person is not eligible for a restricted license if they have been convicted of a third offense in Alexandria; however, challenging a license suspension for a third DUI offense is the same challenge as if a person has a first or second offense. The individual can file an administrative challenge to say they should not have been charged with the third offense to begin with. If a person is convicted and does not have a challenge, though, they just have to wait until they are eligible for reinstatement of their purposes.
By having a strong defense against third offense DUI charges, a person has the opportunity to combat a license suspension.
Building a defense against third offense DUI charges in Alexandria can be a complicated process, however, which is why it is so important to retain an experienced attorney.
A person should certainly find an attorney who has handled third offense DUI cases in Alexandria before. Third offenses present unique arguments from a negotiation standpoint and unique trial issues that the attorney should be comfortable exploring with the person. They should also find someone who knows how to look for subsequent convictions to determine they are constitutionally firm.
Certainly, local experience helps. Every court and every prosecutor’s office has unique customs and rules as they apply to subsequent offense DUIs. Local experience allows an attorney to understand what they are dealing with and what negotiations are possible.
Patrick Woolley Attorney At Law