A third-offense DUI carries severe consequences. Your driver’s license will be suspended, you will be looking at significant fines, and will face potential prison time. Third offenses are handled much more severely than first or second offenses and will require more work from a Leesburg third offense DUI lawyer. An experienced DUI attorney may be able to guide you to the best outcome possible. Let a dedicated legal professional fight for you.
The penalties for a third-offense DUI depend on whether it is the individual’s third offense within five years or third offense within ten years. Third offenses within five years have significantly harsher penalties than third offenses within ten years. Third-offense DUIs are punishable by jail time and possibly prison time.
It is also a felony offense that causes an indefinite loss of license. The individual must petition the circuit court of the competent jurisdiction to get their license back after a period of time has passed. They could also be placed on probation or have to pay fines.
The time between DUIs matters, especially in third-offense cases. If it is a third offense within ten years, they could be charged with a felony. If it is a third offense within five years, they may be charged with an even more severe felony.
Leesburg does not have diversion programs for a pretrial disposition for any DUI program, especially for third-offense DUIs. If someone is convicted of a third-offense DUI, they should expect to have probation in addition to other punishments. Individuals facing these penalties should consult with a third-offense DUI lawyer in Leesburg.
Like prosecutors, courts will view that the defendant in a third-time DUI case had multiple opportunities to learn from their mistakes and take actions to correct their misconduct. While third-offense DUIs are often a symptom of alcohol dependence or addiction, courts understand that it is an affirmative choice to get behind the wheel of an automobile after consuming alcohol, regardless of substance abuse issues. Therefore, the courts will have limited empathy towards the defendant when they choose to get behind a vehicle after having committed the offense on multiple prior occasions.
Third-offense charges are typically prosecuted more vigorously than first- or second-offense DUI charges. For a third-offense DUI, it means that a person has committed not one offense, but two prior offenses within a ten-year period and has again been charged with roughly the same type of conduct. Third-offense dispositions are exponentially more severe than first or second offenses as they are also felony matters.
The only statutory aggravating factor for third-offense DUI charges is related to prior offenses, such as a higher blood alcohol content and other children in the car. There will be a mandatory minimum sentence for a child in the vehicle during a third-offense DUI, but they will also likely be looking at a separate felony offense for that behavior. For a third-offense DUI, there is not the extra add-on for BAC above 0.15 or BAC above 0.20.
Individuals facing aggravating factors or not should reach out to a lawyer who could help with building a defense.
Third-offense DUIs are severe and carry massive consequences. Fortunately, an experience Leesburg third-offense DUI lawyer could help you fight these charges. A skilled attorney will be able to advocate for your rights and act as an ally during your trial process. Call today and set up a consultation.
Northern Virginia Criminal Defense Group