Building a Colonial Heights Third-Offense DUI Defense

The penalties that come with a third offense DUI charge are often immediate and severe. Asking for leniency from a court could only help so much at this point which is why hiring a skilled attorney could help.

An attorney familiar with these cases could help with building a Colonial Heights third-offense DUI defense. 

How Colonial Heights DUI Lawyers Build Defenses for Third Offense DUI Charges

The defense for a third offense DUI is often going to be similar to a second and first offense, as far as the merits of the case. However, with a third offense DUI, the timeframe is also an element of the crime. Not only does the prosecution have to prove three offenses, but they also have to prove them within five years or within 10 years of the offenses. When someone is convicted, when their offense date was playing a huge role when dealing with third offense DUIs.

Factors and Evidence to be Considered

It is important to understand that with a DUI conviction, any opportunity to cultivate any mercy from the court is going to occur on the first offense. After the first offense, a person is risking much when it comes to a DUI because the more times they show up in front of a judge for a DUI, the higher the chance that they are going to be put in jail for a long time, and they are no longer going to be viewed as somebody who needs help. They are going to be viewed as somebody who is going to get their help through the prison system as opposed to being out and about.

How Defending a Third Offense DUI Differs from a First Time DUI

The main difference between a third offense and the first offense DUI is that with a third-offense DUI, the stakes are higher and the potential penalties are higher. The Commonwealth is significantly less likely to be helpful to the individual and is going to be more focused on protecting the community from that individual.

Effects on an Alleged Offender’s Driver’s License after a Third Offense DUI Charge

For no conviction, the driver’s license on a third offense DUI is automatically suspended. On a first offense, the administrative suspension is 7 days. On a second offense, the administrative suspension is 60 days. On a third offense, the administrative suspension is up until the trial date. Once someone is arrested on a DUI third offense, their license is suspended, period. Their license will likely remain suspended up until the trial date, and then the person may get their license back unless they are convicted, in which case their license is gone.

Penalties Prior to Conviction for a Third Offense DUI

A person does not have to be convicted of a third offense DUI before they face penalties in Colonial Heights. The number one penalty they are going to face prior to conviction on a DUI third is going to be an administrative suspension that lasts up until the court date; that is significant. There may be some penalties that occur at the person’s place of employment, and the defendant and their attorney should look into what the ramifications are of that.

While the court may not count this as a penalty, the individual’s loss of freedom upon the arrest would be memorable. In Colonial Heights, an individual is going to spend some time in jail while they are trying to ultimately get bonded out by their lawyer. That time they are in jail, they are not going to have it back. That is also going to affect their life and their employment. All of those are penalties they are going to face just off the strength of getting a DUI third before a conviction.

Differences When Challenging a Third Offense DUI 

The major difference between challenging a license suspension on a first offense and a second offense is that with a second offense, the license is going to come back prior to conviction after 60 days, no matter what. If the person can just wait for 60 days, they are going to get their license back automatically. On a third offense, that license is gone and is not coming back until they are acquitted of the charge or are able to show the judge that the arrest was faulty and there was no probable cause for them to be arrested in the first place. If the individual is successful in doing that, then they will get the DUI dismissed, depending on the situation.

If the individual is able to convince the court that there was no probable cause, that will assist in getting rid of the DUI and getting the license back. That is going to be the biggest difference.

Returning a License after a Third Offense DUI Charge

Once someone is charged with a third offense DUI, the administrative suspension keeps the license gone unless they are successfully able to show that the arrest was faulty. If the person is able to successfully show that the arrest was faulty, then they can get the license back.

Additionally, if a defendant is acquitted of a third offense charge in Colonial Heights, their license would be returned.

Contact a DUI Defense Attorney Today

If you have been charged with a third offense DUI, then you may wish to consult an attorney who could help with building a Colonial Heights third-offense DUI defense. The severity of penalties associated with a third offense DUI are not to be taken lightly. Contact an attorney as soon as possible.