Third offense DUI charges are prosecuted more vigorously than first or second offense charges. For a third offense, the government is going to prosecute the individual severely to help ensure that they learn their lesson and does not commit another DUI in the future.
If you have been charged with a DUI and are facing serious consequences, it is important to consult with a West Palm Beach DUI attorney immediately. A knowledgeable third offense DUI lawyer in West Palm Beach can build a defense to help lessen or dismiss any potential penalties associated with the charge. En Español.
A third offense DUI charge within 10 years of a prior DUI charge is eligible to be considered as a felony and can be prosecuted in Circuit Court as opposed to the County Court. For this, the punishment can change from a maximum of one year in jail, to five years in prison if it is a third offense within a 10 year period. Mainly, third offense DUI charges are heard in the main courthouse in West Palm Beach, downtown.
The penalties for a third offense DUI would depend upon the timeframe in which the third offense occurred relative to the first two. No matter the offense, such penalties can be defended using a third offense DUI lawyer in West Palm Beach.
For example, if a person has two DUIs in the 1980s and then picked up a third DUI in 2017, that would not be classified as a third offense within 10 years of a prior. However, if they had a DUI in 1970, 1978, 2010, and then received another in 2107, even though the first charge was in 1978, their third offense is within 10 years of the one that happened in 2010. Therefore, the charge is eligible to be made into a felony. Fourth offenses, regardless as time frame, are considered to be felony offenses and are normally prosecuted as such.
A third offense is treated more seriously because most people learn their lesson in a DUI the first time around. These people never want to go to jail again, do not want to be in that position, do not want to have to pay an attorney, do not want to go to court, and do not want their picture on the internet along with many other reasons.
When the person is back for a third visit for the same thing, most of the prosecutors and judges get concerned that they have a person who can cause some damage in the community. Therefore, the person is prosecuted much more vigorously than if it is their first time. To combat these charges, a person should be sure to hire a West Palm Beach third offense DUI attorney.
Punishment for a third offense DUI would depend upon the timeframe of the person’s prior convictions. The most severe penalty would be five years in prison, up to a $5,000 fine, and a lifetime driver’s license revocation. The least that the penalty can be is the penalties for a first offense, which include probation, fines, court costs, community service, and a driver’s license suspension.
It is the same factors that a person will see on a first offense, the difference being that because it is not a first offense, the person would not be eligible for a hardship license on a third non-conviction for DUI. To best understand these penalties, an individual should contact a West Palm Beach third offense DUI lawyer as soon as possible.
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