Facing third offense DUI charges in Brunswick is different from first and second offense DUI charges mainly because of the severity with which this offense is treated. Often with first offense charges, the courts are more willing to be lenient. However, with third offense charges, the penalties are heavier and the defendant has a lot more at stake. With this in mind, when facing these charges, it is important to seek the counsel of a qualified Brunswick DUI attorney, who understands the severity of the charges and will work hard to defend you. Third offenses need to be taken seriously with the help of a Brunswick County third offense DUI lawyer.
The key difference is that an individual is being charged wilith a crime that constitutes a felony in Virginia. All prosecutors take felonies more seriously.
There is more active jail time on the table and potential time in the Department of Corrections. It is a court of record so it is important to make sure that procedurally, they do everything right and show the court and the community that they take these kinds of charges seriously.
In Virginia, felonies are heard in circuit courts which are courts of record with court reporters taking real time, word per word notes of everything that occurs in every case. The general district court has no court reporters unless specifically hired by the Commonwealth or a Brunswick third offense DUI attorney. Generally, there is no exact record of what happened, how an outcome was reached, what testimony was offered, or even who testified.
Prior to the trial date, when an individual has two previous conviction for a DUI, their license is suspended until they go to trial.
Unlike the DUI first and second, an individual does not have their license or the ability to get one or petition a court for a restricted license until they go to trial. Brunswick prosecutors do not offer diversion programs or probation for a third DUI offense which makes it even more important to consult with a Brunswick County third offense DUI attorney to combat this offense.
It is better for the client when there is a longer period of time between DUIs. For a conviction on a DUI third, the fine goes up to $1,000 and there is a mandatory indefinite driver’s license revocation.
If the third offense happened within five years of the second DUI offense, the person is sentenced to a mandatory six-month jail term. An individual is in better shape if the DUI happened within 10 years of the previous DUI offense because then the mandatory minimum jail term goes down to 90 days as opposed to 6 months.
DUI lawyers build a defense for third offense DUI charges in Brunswick in the same way. A Brunswick third offense DUI lawyer might evaluate the community where the person lives. When it is a small rural community, perhaps the person is profiled as a habitual drunk.
They may have been pulled over prematurely because of their reputation in the community for driving while intoxicated. The DUI lawyer carefully looks at whether the police have the necessary probable cause to make the stop.
When defending third offense DUI charges in Brunswick, it is important to understand that the penalties for a third offense are different than a first time DUI charge. The person now has a felony charge.
With a DUI third, the person is now charged with a felony and the worst possible outcome is five years in the Virginia Department of Corrections. The stakes are much higher.
There is more at stake when defending third offense DUI charges in Brunswick which is why it is important to work with an attorney who understands the gravity of the situation. Contact a determined Brunswick County third offense DUI lawyer who will give your case the attention it deserves and will work hard to defend you.
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