Being charged with a third offense DUI can be an anxiety-inducing experience. Not only must individuals face the legal repercussions of their actions but, there is also the added stress of not knowing what will happen to your license following a third offense DUI in Brunswick.
Typically, people do not get their licenses back before the trial, but a capable lawyer can help you challenge the suspension of your license pending your trial and defend you in court.
The administrative suspension for a DUI third means an individual does not get their license back prior to trial. Their license is suspended until the trial date.
Suspending someone’s license following a third offense DUI in Brunswick pending their trial is a penalty. An individual can definitely be penalized before being convicted. The average amount of time that passes before trial from the date of the offense can be from four to six months.
When someone is acquitted of a DUI, their license is returned to them by the courts if they had a valid license at the time that was held pending trial.
Courts are reluctant to return a person’s driver’s license following a third offense DUI in Brunswick. By law, an individual is not allowed to petition to get their license back for three years after a third offense DUI.
The courts look at the length of time between the DUIs, how the individual cooperated with VASAP, whether they received counseling, and whether they failed a test for alcohol or drug use while being monitored by VASAP.
The courts are more hesitant to give someone a go-ahead to get back on the road with that kind of pattern of driving behavior.
Drivers can apply for a restricted license after being charged with a third offense DUI in Brunswick, but they must wait three years.
The aggravating factors for third offense DUI are the same as first offense DUI: reckless driving, weaving in and out of traffic, endangering other vehicles on the roadway, speeding, a minor child in the vehicle, and whether the person pulled over as soon as they saw the police. Enhanced BACs translate to mandatory minimum incarceration time.
The person should have a local lawyer who knows what the courts how the courts operate and what the prosecutors are able to offer with their position as elected officials in the community with a responsibility to uphold the law and make sure that other residents are safe.
Having a lawyer with experience is more important for those who have lost their license following a third offense DUI in Brunswick, than it is at the lower court level.
When someone is charged with a felony, they face up to five years of incarceration in the Virginia Department of Corrections. At that point, they are considered a danger to the community or someone who has an addiction and cannot control their behavior.
If there is any way to mitigate the damages, to beat the case, or to lower the severity of the consequences a local lawyer is in the best position to do that.
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