License Following a Frederick Third Offense DUI
When someone is facing their third drunk driving offense, there are serious consequences. Third offense DUI charges are treated seriously because it becomes apparent to the court that the person has a significant issue with alcohol, drugs, or bad decision-making when it comes to alcohol. A resolution of those kinds of charges requires significant treatment and intervention by the court system to make sure the person does not find themselves in those circumstances again.
It is essential that if you are facing driving under the influence charges, that you consult a seasoned Frederick DUI lawyer. They can help you through this process and ensure that your legal rights are protected.
A person can lose their license following a Frederick third offense DUI. The determinations are made by the Motor Vehicle Administration as well as the Office of Administrative Hearings about the appropriate sanctions in these most serious of circumstances.
The challenges are the same when it comes to a finder of fact when the Motor Vehicle Administration does not meet their burden regarding the suspension requirement. On a third time DUI offense, most of the time, the administrative law judge finds that the medical advisory board, a team of doctors and medical professionals that works directly with the Motor Vehicle Administration, is required to conduct a review of that person’s health history to determine whether they should be issued a driver’s license at all. The medical advisory board decides whether the person should be participating in sanctioned medical treatment to address alcohol or drug-related issues before they are considered for a privilege to drive.
Process of Getting License Back
If acquitted of a DUI, a person can make the Motor Vehicle Administration aware of their circumstances and get their driver’s license back in some circumstances. However, most of the time, it does not matter to the Motor Vehicle Administration if a person is acquitted by the court. The Motor Vehicle Administration’s sanctions against a person’s driver’s license have nothing to do with whether the charges brought against the person being successful.
The sanctions deal with whether a person took a breathalyzer test, the results of that breathalyzer test, and the offense number over what period of time. There can be sanctions on a person’s license following a Frederick third offense DUI offense, even if the charges are acquitted. If a person faces Motor Vehicle Administration sanctions based on their breath score or lack thereof by way of a refusal; that has nothing to do with the court’s decision based on the state’s ability to prove the charges. The court’s decision on acquittal on a person’s criminal charges only applies to the Motor Vehicle Administration when it imposed sanctions based on an earlier conviction by a lower court that were overturned by a higher court and the conviction vacated the points associated with a DUI offense.
Building a Defense
Frederick DUI lawyers build a defense in the same way they do for first and second offenses. They challenge the evidence; identify constitutional issues involved in the case; determine the most appropriate resolution, and establish the most appropriate arguments on behalf of their client. More importantly, the defense attorney prepares their client for sentencing by having them participate in the most intensive treatment available to make sure that the judge understands how seriously the person takes their own wellbeing and the safety of the community around them. A seasoned attorney understands the severity of the consequences for someone’s license following a Frederick third offense DUI.