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Third DUI Offense
State DUI Laws
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Every state has different laws regarding how a third DUI (“driving under the influence”) charge is treated. However, in all states, the number of DUI convictions a person has had in the past is utilized in the determination of penalties for the third DUI charge. Generally, the third DUI charge will be treated as a high level felony; consequently, a third DUI conviction will have more significant legal consequences.
Consequences of a Third DUI
In most states, if the third DUI offense occurs within five to seven years of the earlier two DUI convictions, there is a mandatory jail sentence imposed. Generally, this minimum jail sentence can range from six months up to one year. In addition, most jurisdictions impose minimum fines which usually start at $1000.00.
Moreover, a third DUI conviction usually results in a revocation of the
defendant’s driver’s license for a certain period of time; whether the
defendant can reapply for a driver’s license in the future depends upon the
laws of the jurisdiction; Some jurisdictions may issue a restricted license
following a third DUI conviction, but require an ignition interlock device to
be installed in the automobile. This
ignition interlock device requires the driver to blow into the device in order
to perform a chemical test on the driver’s blood alcohol content (“BAC”). If the device detects a BAC over a certain
level, the automobile will not operate. Finally, many jurisdictions will require
continuing alcohol education classes, probation, community service and/or
parole as part of the sentence for a third DUI offense.
Getting Legal Help
If you have been charged with a third DUI offense, it is crucial to retain the services of an experienced DUI criminal defense attorney. There are serious consequences for a third DUI offense, and therefore it is essential to retain an attorney who understands the specialized area of the DUI law and can provide effective representation on your behalf. Moreover, an experienced DUI attorney can preserve your rights, provide the most advantageous defense and obtain the most favorable outcome for you.
