Third offense DUI charges are prosecuted vigorously in Mecklenburg County because the judge and prosecutor will believe that the defendant was unable to learn from their previous offenses and convictions. Many third offense DUIs are charged as felonies if the first and second offense happens within 10 years of the third offense arrest. Felony convictions come with a mandatory minimum of 90 days in jail. Third offense DUI charges are heard in the General District Court in Boydton, Virginia, though the trial will ultimately be heard in the Circuit Court in Downtown Boydton.
If you have been charged with a third driving under the influence of drugs or alcohol charge (DUI) in 10 years, it is essential that you retain a skilled DUI attorney to defend you. The stakes in these potential felony charges are very high, with conviction often guaranteeing jail time. A Mecklenburg County third offense DUI lawyer could provide the legal counsel you need to fight these charges and mitigate potential consequences.
Penalties for a third offense DUI include a maximum sentence of five years in prison and a minimum of 90 days in jail. The additional penalties include an indefinite suspension of someone’s driver’s license, meaning that after a period of time they may be able to petition to the court to get it back, but they can only have their driver’s license restored after a judge to grants their petition.
A third offense DUI will be a felony if it is within 10 years of two other DUI convictions. If it has been more than a decade since the last offense, it will be a misdemeanor charge. This is an important difference with less severe consequences, but they can expect the prosecutor to still treat it just as seriously.
Mecklenburg County prosecutors do not offer any diversion programs for a third offense DUI. After conviction, there may be probation options available with the help of a Mecklenburg County third offense DUI lawyer.
Additionally, the defendant’s driver license will be suspended indefinitely without the possibility of restoration until after the suspension is lifted by a judge. Drivers may petition a judge after some time to obtain a restricted license permitting them to drive to work, religious services, doctor’s appointments, alcoholics anonymous meetings, and anything necessary to take care of their children. However, nothing requires the judge to grant that petition and there is a strong possibility that they will never be able to have a valid license again.
It is very difficult to challenge the suspension of a license after a third offense DUI for a few reasons. One is that most third offense DUI convictions are felonies, which means that the appellate process is different and more complicated and less likely to find success than the trial itself.
Additionally, once a license has been suspended following a third DUI conviction, judges are very reluctant to return somebody’s license to them when they have demonstrated that they have driven after consuming alcohol or another intoxicant on three separate occasions.
There is no process to apply for a restricted license after a third DUI conviction in Mecklenburg County. In order to have any driving privileges restored, the person must petition the court to have their license restored. If the court does grant that petition to allow them to have their driving privileges restored, then they will begin with a restricted license, but that would be sometime after their conviction.
A person should consult with their attorney, who can make sure that their license is returned to them as soon as possible following an acquittal of a DUI third offense. An attorney with local experience knows how best to defend you in a particular jurisdiction. If you are facing your third DUI charge in 10 years, call a Mecklenburg County third offense DUI lawyer today to start working on your case. These charges are very serious, so building your defense earlier may you’re a difference in the outcome.
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