When building a defense for a third offense DUI charge in Fairfax it is imperative to have experienced legal representation in the form of a Fairfax third offense DUI lawyer. There are a variety of different aspects that must be taken into account and an attorney who is familiar with the burden of proof and the evidence available can be invaluable in mitigating the damage and preparing a client for what to expect.
A DUI lawyer challenges the case at all different levels: at the stop, at the arrest, and after the arrest as well. Then the onus is on the prosecutor to prove the other two prior convictions. When the prosecutors have to prove prior convictions, they have to prove that the prior statute is substantially similar to the Virginia statute.
If a person is convicted in another state where a part of their DUI statute is that they could be convicted, for example, for riding on a snowmobile while intoxicated, that is not something that is necessarily going to be included under the Virginia statute, which can be used to challenge the case. The DUI may not count if the statutes are different in Virginia.
If the statute they were convicted on in another state includes language that is ambiguous as to the Virginia statute, then it cannot be used against the person.
Two elements are involved in defending a Fairfax third offense DUI: whether or not the prosecutor can prove that the person had a previous conviction and whether or not the statute that the person was convicted on is relevant to a Virginia statute.
Defending a third offense DUI in Fairfax is going to be different from defending a second or first offense because it is going to be more of a technical argument. Also, people who are arrested for a third offense DUI usually have high blood alcohol levels as well because they tend to have a substance abuse problem or they tend to have some heightened tolerance for alcohol.
That means that along with a third offense or a second offense DUI, a person is going to have a mandatory minimum attached because of the heightened BAC. This would result in 5 or 10 days in jail plus, if it is a second or a third, there would be mandatory minimums that attach with that. Because there is so much mandatory minimum time that hangs over a person, the strategy can change for the defense attorney because the person’s goals can change.
The person might need to do more mitigating actions, like community service, programs, and inpatient treatment, in order for the prosecution to reduce the mandatory minimum time. It will depend on the facts of the case and who the prosecutor is.
The right DUI attorney will know how to properly create a defense for a Fairfax third offense DUI. They will try to scrutinize every aspect of the case and try to explore options for mitigation in a third offense DUI. Contact a lawyer today to see how you might be able to reduce or relieve your charges.