Consequences of a Third DUI in Montgomery County
Aside from the base penalties for a third DUI offense in Montgomery County, there are number of other serious consequences that can result from a charge or conviction. These include the MVA penalties for one’s driving privileges and enhanced penalties from certain aggravating factors that may or may not be present in your DUI case.
The administrative penalties continue to grow for every offense. The likelihood of getting a modified license is significantly lower on a third offense. Judges will frequently say that they will not issue a modification and they will require a period of no driving for a third offense. There are even some administrative judges that won’t allow modification with an interlock in cases of a third offense.
Challenging a License Suspension
There is not any difference in the way you challenge a license suspension. The legal process, the standards of persuasion, and the elements that the Motor Vehicle Administration is required to prove to suspend the license is the same whether it’s a first offense, second offense, or third offense. The penalties will vary if the MVA can prove their case, but the actual process of the case is exactly the same for first, second or third offenses.
Restricted Licenses After a Third DUI
Judges at that point will almost certainly require the installation of an ignition interlock device in order to modify a suspension. Even if legally, they’re not obligated to have you put the interlock in your car, most judges will require the installation of an ignition interlock in order for them to exercise their discretion in issuing a restricted license.
Enhanced Penalties in Third DUI Cases
There are some enhanced penalties that can result from certain additional violations or aggravating factors.
Minor in the Vehicle
Having a minor in a vehicle is an example of a potential penalty enhancer. Having a minor in the vehicle can significantly increase the maximum possible period of incarceration.
There are also enhanced penalties for prior convictions. On a third offense, if there are two prior convictions, that would increase the maximum penalty to three years of active incarceration up from one year for the first offense and two years for the second offense. Additionally, the court will probably require more intensive monitoring, that can be more intensively supervised probation, which can be a court ordered ignition airlock device, it can be regular attendance at Alcoholics Anonymous or some other form of treatment. It can even include an ankle monitor or home detention in some cases.
Does BAC Determine Enhanced Penalties?
There are no enhanced penalties for high BAC, although that will affect how the judge chooses to exercise their discretion. Meaning that the maximum penalty is so high in DUI cases (it’s one year, two years and three years of active incarceration depending on record) that the judge will has a great deal of leeway between zero jail time and a year, that they can craft the sentence that’s still legal and penalize a higher BAC.
Some judges will require some period of active incarceration even on a first offense if there is an excessively high BAC. If it’s a third offense with an excessively high BAC, then that’s going to raise all sorts of red flags for the judge, which will cause them to have more intense monitoring on probation and potentially a harsher sanction in terms of incarceration as well.