Treatment of Third Offense DUI Charges in Henrico County
Facing you third DUI charge in Henrico County? The following is what you should know regarding how these cases are treated according to a Henrico County third offense DUI lawyer. To learn more or begin building a defense for your case, call and schedule a consultation today.
How Henrico County Courts Treat Third Offense Charges
Courts are very strict and harsh in imposing penalties on a third offense DUI charge and as a result, are less like to consider any mitigating factors like they would in a first or second offense charge. With a third offense charge, the courts take the opinion that they need to send a message and that message needs to be incarceration.
The courts on a third offense charge in Henrico County will go above and beyond the minimum mandatory sentences and impose sentences ranging anywhere from six months to a year or even higher in some cases.
Building a Defense
For a third offense DUI charge, it’s very important to build your defense like you would with other charges. What makes a DUI third offense different is the need for an attorney to examine the prior offenses to determine that they’re accurate and to determine if they are recorded correctly. If there are issues with how your prior offenses were recorded or handled, an experienced attorney can sometimes have them removed and have the current charge reduced from a third to a second or lower offense.
In addition, a lawyer will review your case to determine if there was probable cause for the stop and arrest and to determine if all the correct procedures were followed in your testing you and subsequent arrest. You also need to make sure that the officer advised you of your implied consent rights, and then lastly if the blood alcohol tests were conducted correctly and if the machine was properly maintained.
How is Defending a Third Offense Different From a First or Second Offense?
Third offense DUI charges differ greatly from a first offense DUI not only procedurally but also in the penalties that you have to prepare for. A third offense DUI is a felony where a first offense is a misdemeanor. In addition to that, the penalties on the third offense are much more severe than a first offense. Lastly, prosecutors are much less likely to negotiate on a third offense charge. With any DUI you need to develop a strong legal strategy and strong legal defense to try to get the best result for your client.
