(561)988-8000 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 DUI attorney immediately. A knowledgeable West Palm Beach third offense DUI lawyer can build a defense to help lessen or dismiss any potential penalties associated with the charge. En Español.
Severity of Third DUI Charges
A third drunk driving offense 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 time DUI charges are heard in the main courthouse in West Palm Beach, downtown.
The penalties for a third drunk driving offense would depend upon the timeframe in which this instance occurred relative to the first two. A lawyer in West Palm Beach could help someone prepare for the legal process if they have been accused of a DUI for the third time.
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 2017, 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.
Treatment of Third Drunk Driving Offenses by the Court
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 third-time DUI charges, a person should be sure to hire an attorney in West Palm Beach.
Potential Penalties for Multiple DUIs
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 the penalties for a third DUI offense, an individual should contact a West Palm Beach lawyer as soon as possible.
Defending Against Third Offense Charges
An attorney’s defense strategy and tactics during West Palm Beach third offense DUI hearings will depend on the individual’s needs and of course the facts and circumstances of the case. A lawyer will defend all cases as vigorously as possible whether it is a first offense, second offense, or third offense. The difference between defending a first offense and a third offense is that the stakes are higher-the more a person gets the worse it gets. The stakes become higher and it is much more concerning to the client and to the Court.
A compassionate attorney is always concerned about their clients. Especially because they do not want to see the defendant lose their license or have to spend time in jail or prison. Whereas for a first offense, the person is going to keep their license for most of the time and the person is not likely to go to jail on the first offense. On the third offense, the person is likely to lose their license and go to jail. Lawyers have to work that much harder to keep penalties down to a minimum, if not trying to avoid them all together.
Court Treatment of Third Offense DUIs
When dealing with third offense DUI hearings, the courts treat charges as if they are looking at someone who either has a drinking problem or makes bad decisions when they drink or just do not have any concern for anyone else’s safety or property. The courts are concerned when they see a person with two prior offenses in front of them for a third offense. They are almost always looked at as a habitual drunk driver, which is a danger to everyone in the community, everyone’s parents, everyone’s children, everyone’s family, and everyone’s property.
The courts serve as the protectors of the community. If the person is guilty, they are going to make sure that the punishment is stiff enough so that the community is sufficiently protected. In case that person, God forbid, commits a fourth offense, it does not come back to the Judge or the Court that the Judge did not treat that person hard enough or punish them harsh enough to prevent a fourth offense from occurring.
The third offense is like a third strike. Every case is different and it depends on the timeframe, but, typically, most people learn their lesson after the first offense and if they have not, then certainly they should have after the second; after the third offense, there is definitely a problem. The courts will look at it as if there is a problem when there is a third offense and they will want to know how it is being dealt with. What an attorney might do is try to make sure that the defendant is not drinking anymore because when they drink they make bad decisions, they have lost the privilege to drink after a third offense is the way most courts think.
Possibility of Diversion Programs or Probation
Typically a third offense does not qualify for any diversion programs, but there are always exceptions. A skilled DUI attorney can attempt to advocate for the individual in a way that allows that increases their likelihood of receiving probation or a diversion program, but it is still usually pretty unlikely.
There are third offenders who have been sentenced to complete a diversion program, but that typically does not occur unless the prosecutor knows that the defense might win, the trial. By offering a diversion program as an option, the prosecution is ensuring that the defendant is penalized. In doing so, the prosecution can show the community that they have steps to ensure that the person does not commit a fourth offense or endanger the lives of others.
Contact a West Palm Beach Third Offense Attorney
If you have been charged with driving under the influence multiple times you should seek legal counsel immediately. A West Palm Beach third offense DUI lawyer could help you prepare a defense and work to minimize the potential penalties. For more information about how Leifert & Leifert could help you, call today.
