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Penalties For Third DUI in Anne Arundel
In order to seek enhanced penalties, the state needs to file a notice of intent with the court and the defendant prior to the court date. If the state fulfills this notice requirement, then the maximum penalty for a third offense is 3 years of incarceration for a DUI and a maximum penalty is 2 years of incarceration for a DWI. These severe penalties mean that it is in your best interest to consult with an Anne Arundel County DUI lawyer as soon as possible after you are charged.
Does The Time Between The DUIs Matter?
The time between DUI convictions matters less than it would for a second DUI.
When it’s a third DUI offense the court will consider priors that are very old, although they’ll weigh them less heavily. If an individual had 1 prior offense from 20 years ago, a second offense may very well be treated like a first offense. If an individual has two prior convictions, it’s very unlikely that the court will be lenient on a third offense even if both convictions are 20 years old.
Aggravating Factors And Enhanced Penalties
There are absolutely aggravating factors in third DUI cases. The fact that it is a third offense is an aggravating factor. It makes it more likely that the prosecution will seek enhanced penalties. It also makes it more likely that the court will incarcerate.
Additionally, there can be enhanced penalties if minors are present in the vehicle. That triggers a separate set of enhanced penalties usually adding a year of incarceration to the maximum (but not the realistic) penalty. Breath alcohol content, BAC, can also enhance the penalty, but not beyond the statutory maximum. It doesn’t add time like having a minor in the car or having priors does, but it may cause a judge to sentence more towards the high end of the allowable sentence rather than the lower end. So judges will treat somebody who blows a 0.08 much differently than they’ll treat somebody who blows a 0.28.
Your Driver’s License After a 3rd DUI in Anne Arundel
If there’s a conviction, then there’s going to be a mandated suspension of your driver’s license that you see in first and second DUI offenses. An individual may or may not want to request a hearing to challenge that suspension.
They may also want to participate in ignition interlock rather than having their license suspended. That’s a possibility depending on what the timing between the different offenses.
Challenging a Suspension After a 3rd DUI
There there’s no difference between the first, second, or third offenses on how the suspension challenge process works. The administrative hearing is independent of the court case. The only difference between the first, second and the third offenses comes down to penalties, length of the suspension and whether or not the suspension is able to be modified.
Applying for a Restricted License
Typically, you can request a restricted license after charges for a third DUI, but the MVA will usually require participation in the ignition interlock program.
If You Are Not Convicted Of The DUI, Can You Get Your License Back?
The administrative penalty is independent of the court case so even if a case is dismissed in court and the individual is suffering an administrative suspension, then that suspension will not be lifted even if the defendant gets the case dismissed.