Penalties for Third DUI Convictions in Salisbury
If the state files for enhanced penalties, then the maximum penalty for a third DUI is three years in prison and/or a $3000 fine. The time frame between these DUI charges is very important. Contact a Salisbury Third DUI lawyer if you are facing a third offense Driving Under the Influence charge.
Salisbury Third DUI Penalties
If the person has a prior DUI and the new DUI case happens within five years, then the maximum penalty can actually require a minimum mandatory sentence of five days. But if the person has two prior DUIs and their third offense occurs within five years, then the minimum mandatory penalty is raised to ten days in jail. So the option of being able to have a completely suspended sentence goes out the window and the person is facing a minimum mandatory jail time. That is why attorneys have their clients immediately ascertain a copy of their driving record. Lawyers want to look at it and check if the client have priors and, equally important, what amount of time has passed between a subsequent offense and this current offense.
So it’s very important to explain to the defendant what the possible penalties will be and how much more serious the penalties are if the person has prior convictions and if those convictions have occurred within five years of this new case.
Probation for Third Offense DUIs
Typically for a third offense, the prosecutor’s office in Salisbury is going to be filing the notice requesting the subsequent offender penalties and at sentencing they will absolutely asking for a period of jail time. So, there are no options really for diversionary programs and the likelihood of probation becomes very slim.
Court Treatment of Third Offense DUIs in Salisbury
For a third DUI, the courts typically are going to sentence a person to jail time and it’s really just a question of how long. It’s important when speaking to a defendant to prepare them before going to trial to consider having the defendant place themselves into:
- Some sort of 28-day treatment program
- Or some other form of inpatient treatment followed by intensive outpatient treatment
The courts oftentimes will consider that and will give the defendant a certain amount of break for putting themselves in treatment when they have recognized themselves that they need some pretty intensive help with what’s going on. When attorneys are talking to somebody and it’s their third offense, they are definitely counseling them to go get an evaluation, go see if you can go in patient at the treatment that you need to help you. You want to accomplish that before sentencing because you want the court to see that you are taking it seriously.
Your Driver’s License Following a Salisbury 3rd DUI Charge
As for the person’s driver’s license, the MVA can suspend the person’s privilege to drive again that can be for a year suspensions followed by several months on the interlock device. The period of the suspension can get longer and longer depending on how many prior convictions the person has. So the person’s privilege to drive can be suspended and it can then be followed by the person’ being allowed to drive but they must have the interlock device in their car.
Now under some circumstances, those suspensions can be modified. If possible depending on exactly what they were convicted of and if there have been any priors it is possible that the MVA would agree to give the person a restricted license that would allow the driver to drive for purposes of employment or school. So it’s possible to be able to drive for a very limited purpose to go back and forth to work or school. But typically the person can pretty much count on the fact that their license could be suspended. When they are allowed to drive again, they would have to do so with interlock device in their car.