Penalties a Third DUI in Wicomico
In comparison to previous DUI charges, prosecutors take third offense DUI charges even more seriously. From their perspective, the defendant not only has two priors, but has also had two attempts to convince a judge to grant either probation, supervision, or treatment in lieu of incarceration.
Drinking and driving is viewed as more severe than a trespass, theft, or disorderly conduct because it can more easily lead to death. Therefore a conviction is pursued with more intensity. If you find yourself on the receiving end of a third DUI charge in Wicomico, it is important to contact an attorney as soon as possible to mitigate any potential penalties. An experienced lawyer can inform you of and protect your rights, including your driving privileges, which will be affected by the charge.
Consequences
In the case of a conviction, the defendant will be required to have an ignition interlock device installed in their vehicle as a consequence of a third DUI in Wicomico County. This will remain in the car for at least one year, and more often longer in the case of a third conviction. In addition, they will receive either eight or 12 points on their driving record, depending on the specific elements of the charge. These new additions will then trigger a license suspension due to point accumulation. In the case of a third offense, a restricted license will most likely not be an option available to the defendant. However, in some limited cases, it may be possible.
Aggravating Factors
If a defendant has been convicted of the same or similar charges in the past, the prosecution will most likely submit a notice of subsequent offender to the courts. This will enhance potential penalties for the third DUI, which will be given in writing in advance to the defendant or defendant’s counsel.
The defendant may face additional charges if there were one or more minors in the vehicle at the time of the arrest. Due to the presence of underage children in the car, the judge and prosecutor will likely see the incident as more severe than they otherwise would have. Because of this, they may both be inclined to pursue more significant penalties for the third DUI charge.
While a high BAC level does not automatically enhance the penalties, it will most likely lead a judge to consider imposing a harsher sentence. In other words, the severity of the punishment due to unusually high BAC levels is up to the discretion of the judge upon conviction of a third Wicomico DUI with high BAC.
How An Attorney Can Help
It is important for the Wicomico DUI attorney to have a relationship with prosecutors and be familiar with the overall structure of the court and the judicial system. When you are dealing with a third offense DUI, the potential penalties including incarceration and sanctions are much higher than in previous cases. Therefore, it is important to have a knowledgeable and experienced attorney by your side. Such a lawyer will be able to guide and advise you as you navigate the confusing and often complex process related to the penalties of a Wicomico County third DUI conviction.