Being charged with a DUI can be an overwhelming experience. Third offense DUI charges can be even more stressful because the repeated offense might be construed as indicative of a pattern of behavior. As a result, the stakes at West Palm Beach third offense DUI hearings can be high, and the cases themselves can be slightly more difficult to defend making it even more important that an experienced attorney is contacted. With that said, if you have been charged with a third offense DUI, speak with a capable DUI lawyer who can work tirelessly to fight for you.
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 West Palm Beach 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.
Speaking With a Lawyer
If you have been charged with a third offense DUI, speak to an attorney who can work to defend you. When looking for a lawyer, you want someone who has experience defending people in West Palm Beach third offense DUI hearings. A seasoned attorney will have that experience and will have the time and resources necessary to build your case. Contact a lawyer today and know that you are in capable hands.