After a third offense Dumfries DUI conviction, a person’s driver’s license is revoked indefinitely. That means that an individual has a complete loss of driving privileges unless and until a circuit court at some later date reinstates their privileges which are not something that typically happens for at least three years post-conviction.
When a person is preparing for their DUI trial, they should absolutely have a Dumfries DUI lawyer that is experienced with third offense charges because the penalties are so much greater. This lawyer can help later down the road, as well, when an individual is preparing to challenge their license suspension or are looking to reinstate their driving privileges.
Additionally, there are enhanced penalties for a third offense DUI which includes minimum mandatory jail sentences, enhanced fines, as well as permanent license loss. The penalties grow if there is a minor in the vehicle as well as if the driver’s blood alcohol content is over .15.
There is no restricted license available on a third offense charge. When a person is charged with a third offense DUI, their license is suspended until the trial. Therefore, there are no driving privileges in advance of trial. Upon conviction, there is a permanent revocation of the license which means that there is no restricted license available under any circumstances after conviction.
In order to challenge the license suspension, one must challenge their conviction because the penalties for a third DUI conviction include a license consequence. In order to avoid that consequence, the individual must fight their charge and win. If the individual is not convicted of the DUI then their license will be returned to them. The license consequence only occurs if the individual is convicted.
If a minor is in the vehicle when the person was charged with DUI, there is a penalty enhancement which is going to apply. That consists of a five-day minimum mandatory jail sentence if you are convicted of any kind of DUI and there is a minor present in your vehicle.
BAC does determine enhanced penalties at every level of the DUI case. If the person has a blood alcohol content of more than 0.15 and less than 0.21, there will be one level of enhanced penalties, if the blood alcohol content is 0.21 or more, there is yet a higher level of enhanced penalties. These penalties are going to include greater minimum mandatory jail sentences as well as greater minimum mandatory fines.
When looking for a lawyer on a third DUI, there are two primary things to consider. The first one is to consider their overall experience with this type of case because of the seriousness of its penalties. In addition, the defendant should look for someone with local experience.
The prosecutors and judges in Dumfries on these kinds of cases have particular habits, viewpoints, and beliefs which can affect the outcome of these kinds of cases. Knowing what those are and being able to shape the defense around them can be a critically important part of defending a third DUI.
Defending a third offense DUI is different from a first DUI in the sense that the stakes are much higher. First time DUI offenses are scenarios that have serious consequences. However, in most cases, these consequences are not going to result in the person losing their job, being incarcerated for a significant amount of time, or really having consequences that last beyond a year or so.
In the case of a felony DUI, there are permanent consequences which are going to potentially last the rest of the person’s life. And for that reason, we have to take this very seriously and defend them as vigorously as we possibly can.
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