While your first DUI charge might be met with some leniency, a third conviction is going to be more troublesome. They are prosecuted more vigorously because DUIs are an enhanceable offense, which means the fine and the likelihood of jail increases. You need the assistance of a Winter Garden third-offense DUI lawyer who could use all their knowledge of the law and the local court system to get the least harsh sentence available.
A lot of the penalties for a first, second, or third DUI are the same in the sense that the driver must be sentenced to a term of probation and they must complete DUI classes. In a second and third DUI, community service is not mandatory. For a third offense, conviction will mean a minimum fine of $2,000.
A lot depends on when the defendant’s last DUI was. If it is their third DUI within 10 years of their second conviction, they must do a minimum of 30 days jail and will have a 10-year license revocation. If it is more than 10 years from the prior conviction, jail is not mandatory. Prosecutors still offer probation for a third DUI offense but, unfortunately, it might not kick in until they do some jail time.
A lot of judges are already not as lenient with a second DUI as they are with the first. Once a driver in Winter Garden gets their third DUI, they are almost certainly looking at some jail time if convicted.
For all DUIs, there are certain aggravating factors and penalty enhancements. For a third DUI specifically, that would include having a prior conviction within the last 10 years, and a blood alcohol level over 0.15 (twice the legal limit of 0.08), meaning the driver is twice the legal limit. At that point, the fines and jail time will increase, the ignition lock in their car will be installed for a longer period, in addition to other penalties that the judge could impose simply for blowing over a 0.15.
Also, if the DUI involved property damage due to a crash, that could also increase the penalties. If a minor is in the vehicle, then the state can seek enhanced penalties.
Even more crucial and important than hiring a local attorney for a first or a second DUI, it is important for a driver to get one when they are charged with their third DUI in Winter Garden. They are almost certainly facing significant jail time if convicted. It becomes even more important to seek a local attorney who knows the prosecutors, the judges, and how the judges may rule on certain defenses. For the third time being charged, it is no longer about keeping the defendant from being convicted, it is about keeping them out of jail.
A lawyer must look at all the facts surrounding the stop (including by looking at videos and police reports), identify weaknesses in the state’s case, and whether the state can prove the defendant had two prior convictions.
The courts understand that mistakes happen but they do not like to see someone return multiple times for the same violation. The stakes are high when it comes to repeat drunk driving charges. Call our skilled defense team and speak with a Winter Garden third-offense DUI lawyer now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
