Colonial Heights Third-Offense DUI Lawyer
Third-offense DUI charges are prosecuted very vigorously. They are the most vigorously prosecuted cases as far as DUIs are concerned. With a DUI third offense, the Commonwealth and the judges err on the side of a dangerous individual who is willing to threaten the lives of themselves and others in order to drink as opposed to somebody who just may have a problem or may need some help, and they punish accordingly.
If you have been accused of driving under the influence for the third time, it may be critical to contact a Colonial Heights third-offense DUI lawyer right away. An established DUI attorney can help layout the potential consequences based on the severity of your case and how to proceed with a defense.
Where are Third-Offense DUI Cases Typically Heard?
A third-offense DUI is a felony offense It is important to keep in mind that second and third-offense DUIs must occur within either five or ten years of the initial DUI. After that period, a DUI is treated as a first offense again. Theoretically, a person can get a DUI every ten years and one day and never be tried for anything other than a first offense.
With that being said, the court will see the person’s record and will know that the person has multiple DUIs. While there may not be any mandatory jail time, they may sentence the person accordingly. Third-offense DUIs, generally speaking, are going to be Class 6 felonies, meaning that they are going to be heard in the circuit court. As a Colonial Heights third-offense DUI lawyer knows, the general district court does not have the jurisdiction of determining guilt or innocence on a felony offense.
Role of Minors and BAC Levels in a Driving Under the Influence
In a third-offense DUI, the only thing that changes if there is a minor in the vehicle is that the minor is going to be considered an aggravating factor. If it was not a third-offense DUI, then there can be a mandatory jail sentence for DUI with a minor.
However, if the person is already on a third offense, then the minor is only going to be aggravating factor because the mandatory sentence is already high. Generally speaking, on a first-offense DUI with a minor, there is going to be a mandatory five days in jail if convicted, even if there is no elevated BAC. However, on a third offense, since it is already a felony, the person is already looking at 90 days or six months.
BAC is not codified as a penalty enhancement for a third-offense DUI. If someone already has a third-offense DUI, they are already looking at such a high penalty that the BAC merely assists the Commonwealth in securing a conviction.
Reasons to Contact a Third-Offense DUI Attorney
A third-offense DUI is a Class 6 felony which means, an accused person is looking at up to five years in jail and a fine of up to $2,500 on just the felony offense alone. If someone is convicted of a felony, they risk losing their right to vote and their right to possess a firearm.
The main reason a person facing a third-offense DUI charge in Colonial Heights would want to look for a lawyer with local experience is that every jurisdiction has unwritten rules. It is imperative to hire a Colonial Heights third-offense DUI lawyer who knows the rules of that jurisdiction, knows how to maneuver in that jurisdiction, and can ultimately help the person achieve the desired goal or assist them in getting proper advice.
