When someone receives their third DUI charge, they are looking at severe consequences. After a third offense DUI, the individual’s driver’s license automatically gets revoked. They could also be facing expensive fines and incarceration. If you need legal advice regarding the status of your license following a Fredericksburg third offense DUI, you should contact an experienced third-offense DUI lawyer. By obtaining legal counsel, you could have someone advocating on your behalf throughout the legal process.
If someone gets their third DUI offense in a five-year period, then they are going to have their license revoked for three years or revoked indefinitely and unable to get a restricted driver’s license for three years.
When an individual receives a third DUI charge in 10 years, their license is revoked, but they can apply for a restricted driver’s license after one year. Their driver’s license is going to be revoked for 90 days, which is the mandatory minimum, as opposed to six months for the third DUI in five years.
Both situations result in an indefinite revocation of the individual’s driver’s license, with a time period to be served in jail before they can apply for a restricted driver’s license.
The state of Virginia is going to treat a third DUI charge much more harshly than a first or second, which is why a third DUI is a felony.
After an individual is convicted of a third offense DUI, they could appeal that conviction to the Court of Appeals. However, the Court of Appeals is more than likely not going to hear the case unless there is a clear error on the part of the trial court or some other type of serious mistake. In Virginia, the chances of obtaining an appeal from a felony conviction in the Court of Appeals is slim, next to none. This is why someone who wants to keep their license following a Fredericksburg third offense DUI should hire an attorney as soon as possible after the arrest.
During the initial period of suspension, while the defendant is waiting for the other cases to settle, they could file a motion to challenge probable cause. A person could do this to show that it was not a first or second offense that qualifies as a DUI, and potentially get their license back pending the rest of the cases.
If someone is acquitted of a DUI, their driver’s license is automatically returned to them.
Aggravating factors for third-offense DUI charges are a third DUI in a five-year period or in a 10-year period. If someone received a third DUI in a 10-year period, they would receive a mandatory minimum of 90 days in jail with a mandatory minimum $1,000 fine. If it was within five years, that person would get a mandatory minimum of six months with a mandatory minimum $1,000 fine.
Another aggravating factor is if someone had a minor in the vehicle with them while drinking and driving. If so, that individual would have an additional $500 fine and an additional five days in jail.
For more information regarding your license following a Fredericksburg third offense DUI, call a seasoned attorney today.