Colonial Heights Third-Offense DUI Penalties
A third DUI charge within five years of a previous DUI arrest could enhance the penalties. If you are facing a subsequent DUI offense, you may need the assistance of a dedicated criminal defense lawyer. The Colonial Heights third-offense DUI penalties could involve significant incarceration and the loss of driving privileges.
The Commonwealth of Virginia considers third DUI offense to be a Class 6 felony, the most severe possible charge for a DUI arrest. Individuals facing a Class 6 felony are looking at one to five years in jail and a $2,500 fine. With the consequences in mind, it would be unwise to attempt to handle the criminal justice process singlehandedly. An experienced third-offense DUI attorney could be crucial to defending your rights in a court of law.
Aggravating Factors in a Third DUI Case
Aggravating factors, while they will not change anything statutorily, can be detrimental to a defendant’s case. Aggravating factors are particularly detrimental to a defendant if the Commonwealth views the factors as a danger to the community. Therefore, it is essential for defendants to reach out to an attorney when facing third-offense DUI penalties in Colonial Heights.
For example, if a person is arrested on a DUI third-offense and blew an elevated blood alcohol content measurement of 0.30, the Commonwealth will likely ask for more jail time as a mandatory minimum.
If there were children in the defendant’s car at the time, that can not only increase the chance of the Commonwealth asking for more jail time but also lead to additional charges such as abuse or neglect. Prosecutors have an incentive to pursue more significant penalties for heinous DUI offenses.
Blood Alcohol Content as Evidence
With a DUI third offense, the BAC is not going to have any statutory enhancements because the defendant is already looking at a Class 6 Felony. However, the BAC does come into play when the Commonwealth has to prove that the person was, in fact, intoxicated for the purposes of the DUI.
It is presumed, that someone is intoxicated if they are blowing a 0.08 BAC on a breathalyzer or another testing device. Prosecutors will use the evidence of a 0.08 BAC to prove guilt in a DUI offense, even if the defendant did not demonstrate other signs of inebriation at the time of the arrest.
Call a Lawyer When Facing Third-Offense DUI Penalties in Colonial Heights
If you are facing your third DUI charge, it is critical that you understand that every jurisdiction is different. Therefore, every Commonwealth Attorney’s Office and judge operate differently. Certain crimes in one jurisdiction may not be viewed as serious as crimes in other jurisdictions.
Judges may have a harder hand in some jurisdictions than they would in others. Therefore, hiring a local attorney who practices in the jurisdiction one is in is the best ways to prepare oneself for the best possible outcome of the case.
An experienced lawyer is going to be able to give you the right information to determine the best way to handle a case. If you are facing charges for a third DUI offense, you may be facing the possibility of severe penalties. Do not hesitate. Reach out to a lawyer who could help you if you are facing Colonial Heights third-offense DUI penalties. A knowledgeable attorney could negotiate with prosecutors and build a strong defense to best preserve your future.
