Colonial Heights Third-Offense DUI Defense Strategies

Third-offense DUI charges are taken very seriously in Colonial Heights. If someone has committed a DUI for the third time, then the Commonwealth views them as one of two things: someone with a serious problem or someone who is very reckless. Authorities often seek incarceration in these cases because they believe the accused cannot be trusted outside.

To discuss the defense strategies that may apply to your third-offense DUI case, reach out to an experienced Colonial Heights attorney today. A skilled defense lawyer could carefully scrutinize the evidence against you and fight for a positive resolution to your charges.

Defense Strategies for Third-Offense DUI Charges

When building a defense for a third-offense DUI charge, attorneys examine the exposure of the accused and then work their way backward. They look into the worst-case scenario. The goal is to keep the defendant out of jail if possible, and then work on other aspects of the case.

This can mean challenging the BAC, challenging their driving history, or challenging other evidence used by the prosecution. Attorneys have to systematically look at all the facts of the DUI and then run them through a checklist to catch any mistakes that may get the case dismissed.

How Does a Third-Offense DUI Different From a First-Time DUI?

The main difference in defending a third-offense DUI and a first-offense DUI is that a person is going to get two hearings, generally speaking. The person gets a preliminary hearing in the general district court, and if the case is certified at circuit court, the person gets their trial there. They are going to get an opportunity to hear the evidence in the general district court, which a person normally would not get in a misdemeanor case. Other than that, defending them is a little more difficult because the prosecution is more aggressive and serious about charging an individual who has been convicted of a DUI third, fourth, or fifth offense.

Commonly Used Evidence in DUI Cases

One factor that may become important in DUI cases is the use of body-worn cameras when the Commonwealth’s witnesses or police officers are conducting their field sobriety tests or substance searches. The use of the body cameras is very beneficial to both the prosecution and the defense because the attorney no longer has to rely on testimony to determine what in fact happened.

For example, the footage could be used as evidence in one of the pretrial motion hearings to show that officers did not, in fact, have probable cause, did not see what they thought they saw, or what they perceived as occurring did not actually what occurred.

Discuss Your Defense With a Colonial Heights DUI Attorney

If you were arrested for a third-offense DUI, do not risk appearing in court alone. Local prosecutors take these offenses seriously, and a conviction can lead to harsh penalties.

For help crafting an effective defense strategy for your third-offense DUI, seek the services of a Colonial Heights attorney. Call today to schedule a consultation.