Frederick Third Offense DUI Lawyer
When someone is facing their third drunk driving offense, they will need a lawyer with local experience in Frederick who understands the serious nature of the charges. Third offense DUI charges are heard in the district court at 100 West Patrick Street in Frederick; the same place that first and second time DUI offenses are heard. A Frederick third offense DUI lawyer understands the severity of these charges and can ensure that your legal rights are being protected.
If you are facing a third offense driving under the influence charges, it is essential that you speak with a skilled attorney immediately. They can help you through this process, review any evidence, mitigate on your behalf, and ensure that your legal rights are protected.
Penalties for a Third Offense
A third offense DUI has the same penalties as a first or second offense DUI with a maximum penalty of one year of incarceration, a maximum of $1,000 in fines, and a maximum of 12 points on a person’s driver’s license unless the state properly filed in writing an advanced notice to seek enhanced penalties for driving under the influence as a subsequent offender. The subsequent offender charges increase the maximum penalty from one year to three years in jail, a maximum fine $3,000, and 12 maximum points on a person’s driver’s license.
Time Between DUIs
The time between the DUIs does matter. A person with a DUI charge just a few years back is more likely to face enhanced penalties than a person with 10 or 15 years between the current DUI offense and the previous offenses. The judge or the prosecutor decides whether to seek enhanced penalties and whether those enhanced penalties are imposed.
The penalty enhancement for third offense DUI charges is increased jail time. When filed correctly, a third offense could carry up to three years of incarceration, increased fines up to $3,000, and up to 12 points on the person’s driver’s license. Those kinds of penalty enhancements must be filed properly by the state’s attorney’s office and the rules of procedure for the court system.
Enhanced penalties are given when minors are in the vehicle of someone pulled over for a DUI. The government can seek a mandatory minimum sentence for a DUI charge when minors are in the vehicle at the time a person is considered to be driving under the influence of drugs or alcohol.
Usually, blood alcohol content is not necessarily affiliated with penalty enhancements. The BAC is not a requirement to prove a DUI charge beyond a reasonable doubt. The only time a BAC is required is when there is a per se violation alleged.
Hiring a Lawyer
The state usually seeks a period of incarceration for third offense DUI charges. That does not mean the person goes to jail; it just means the state asks for that penalty under the circumstances. When a person is charged with a DUI-related offense and is going to be convicted, their attorney helps them prepare for sentencing.
They know what kind of a presentation can be most effective when trying to minimize the penalties associated with the charge. The judge handling a particular case might be receptive to certain arguments or might have a particular respect for one kind of treatment program over another. Only a lawyer with experience working with the judge or prosecutor personally can assist you in making the most appropriate preparations for court. Working with a local lawyer who has experience carries a great deal of importance regarding how to prepare.