Virginia Criminal Defense Attorney
Fairfax third offense DUI penalties can be harsh. For a third offense DUI, a person’s driver’s license is immediately suspended administratively, which will last until the day of trial.
For a third offense DUI, the license is suspended completely until trial. A person can either get it back or have it revoked during trial. If a person does not get it back, if they are convicted at trial, then the license is going to be indefinitely rescinded.
If convicted, the person would not get it back after any particular period of time, the person would be considered a habitual offender, and the person has to wait a long period of time before they can re-apply for the license. It is a minimum of five years before they can petition to have their privilege to drive restored.
An experienced Fairfax third offense DUI lawyer is here to help. Contact one for legal advice or any questions you may have regarding a Fairfax third offense DUI penalty.
License suspension can be cumbersome as a Fairfax third offense DUI penalty, but a person can challenge the administrative suspension. Between the time that they are arrested and the time that the case goes to trial, the license is automatically administratively suspended. However, an attorney can challenge that by contesting the probable cause. They can put on a motion in front of the court in order to challenge the suspension before the trial.
But after a person is convicted, they are not going to be able challenge the automatic revocation. If a person is convicted, they have to wait three years and then they can petition the courts for the potential restoration of their driving privileges. The process is automatic, however, the person will have to put a motion in front of the court again.
If a person is acquitted their license will be restored to them at the day of trial.
Some of the penalty enhancers or aggravating factors in a third offense DUI charge would depend on if it is a third offense period versus a third offense in five years.
Fairfax third offense DUI penalties are greater it is a third offense in five years. If there is a minor in the car, 17 years or younger, the person has an additional mandatory minimum of five days in jail and an additional mandatory minimum of a $500 fine. If a person is found with a BAC of .15 or more, there is an additional 10 days of mandatory time.
Avoid life-changing Fairfax third offense DUI penalties by hiring a qualified attorney. A Fairfax DUI attorney can help you through the process of challenging a license suspension, and they can try to mitigate charges or have them acquitted.
They are experienced in cases involving DUIs and know what knowledge and judgment is required to try to achieve the best results for a person facing penalties for a third offense DUI in Fairfax. Call today to review your options.