West Palm Beach third offense DUI penalty enhancements would occur if someone allegedly commits this crime within ten years of a prior offense. An enhancement is considered a mandatory minimum that someone serves 30 days in jail and no less than 48 hours consecutive in the jail. Sometimes a skilled DUI attorney can help someone begin an in-patient treatment that would count for jail.
Role of BAC in Determining Penalties
If the person blows over 0.15 on a first offense, that is an enhancement to the person’s first offense DUI charge. The BAC or the blood alcohol content is a determining factor as to how serious the case is and the higher the person’s blood alcohol content is, if it is third offense, the more serious the judge is going to look at it because it is a much more egregious and serious violation and that person poses much more of a danger if the person has a higher blood alcohol level than if the person is just over the legal limit or close to the legal limit. Closer to legal limit means maybe the person is trying or it is a bad circumstance, bad luck, but the person should not be drinking and driving, the person should have learned their lesson.
What is an Ignition Interlock Device?
If convicted of having a blood alcohol level of 0.15 or above on a first offense, the associated penalty is the ignition interlock device installed on the person’s car. An ignition interlock device is like a breathalyzer in the person’s car and the person is going to have to blow into an instrument that is installed in the person’s car before the vehicle will be able to be started and operated.
The person has to continue to blow into the instrument while they are operating a vehicle every 15 to 20 minutes to make sure that the person is not drinking and driving. Even on a first offense, if a person has a blood alcohol level that is above a 0.15, the person is going to have a penalty enhancement of the ignition interlock.
In comparison with a first offense, West Palm Beach third offense DUI penalty enhancements are more severe. On a third offense, if someone has a high blood alcohol level, not only is the judge going to think that the person has an alcohol problem but the person has a serious alcohol problem if the person’s alcohol level is high and the person is still standing up straight.
Defining Aggravating Factors
Aggravating factors will be the facts and circumstances of the case, as well as the length of time between convictions. Aggravating factors are determined based on the facts of the case. Prosecutors often consider whether the person has had a horrible crash and whether their driving was considered reckless. Aggravating factors and enhancements are possible if the individual endangered anybody else or was three or four times above the legal limit. Minors in the vehicle would also initiate West Palm Beach third offense DUI penalty enhancements. The driver can be charged with child endangerment or child abuse and having a minor in a vehicle would enhance the penalties.
Related Penalty Enhancements
Other West Palm Beach third offense DUI penalty enhancements include losing someone’s license for a minimum of ten years up to a maximum of the rest of their lifetime. There can be other aggravating factors, so those are the penalty enhancements that a person would have to spend a minimum amount of time in jail and the person would lose their license for much longer than on a first offense and the person is not eligible for hardship license if it is a second or third or subsequent DUI conviction.
Those with habitual DUI drivers or people that are unfortunate enough to get more than one or two offenses will be considered a potential danger to the community. The BAC would definitely determine a penalty enhancement, the higher the BAC, certainly the higher the penalty if they can prove that.
Repeat offenders with a high BAC should likely seek counseling, residential treatment and some type of intervention even if it is as minimal as AA meetings. To try avoiding West Palm Beach third offense DUI penalty enhancements it may be necessary to keep a record of the program to show a judge. This will likely show that the individual is seeking help for signs of addiction.