Once a person has been charged and convicted of two DUIs, any future offenses will be considered a felony. Felony charges are serious matters and involve high-stakes legal proceedings. The prosecution will show no mercy or leniency to an individual who is accused of this crime for the third time.
If you find yourself in this situation, facing what feels like a hopeless uphill battle, you should know that you do not have to face this alone. Our team of committed DUI attorneys are prepared to review your case and help you establish a strong defense. Schedule a consultation with a loyal Manhattan third-offense DUI lawyer today.
Penalties for a Third-Offense DUI
Because they are considered a felony, third-offense DUIs are typically prosecuted aggressively. The consequences of a conviction are severe, including:
- A felony on one’s permanent record
- A minimum $1,500 fine
- A minimum of 90 days served in jail; an additional penalty of 30 days jail time is added if a minor was in the car
- A drug and alcohol evaluation
- A requirement to complete outpatient treatment
After a person is charged with their third DUI offense, the opportunity for diversion programs or probation time is gone, making it as crucial as ever to have a dedicated Manhattan third-offense drunk driving lawyer on your side who could fight for your rights.
Driver’s License Suspension
Following an arrest for a third DUI, an individual must attend a driver’s license hearing. During this hearing, the person’s license will be suspended for a certain amount of time based upon their blood alcohol concentration (BAC) level at the time of the arrest. If a person’s BAC is between .08 and .15 percent, they will receive a one-year suspension and a two-year interlock device requirement. If their BAC is above .15 percent, they are facing a one-year suspension and a three-year interlock. When a person refuses to take a BAC test after a third DUI charge, they will be sentenced to a one-year license suspension and a four-year interlock requirement.
Consequences of a Felony
If a person is convicted of a DUI that is considered a felony, their lives will be completely altered. A felony is the most severe crime a person can commit, and it is listed on one’s permanent record forever. The consequences of a felony include the loss of basic civil rights, such as the right to own a firearm, the right to vote or run for office, and the right to serve on a jury. Additionally, convicted felons often have trouble finding jobs and housing that will accept them.
Does the Time Between DUIs Matter?
The time between DUIs is of no significance unless an arrest was made before 2000. In the year 2000, DUI laws were redefined; thus, any DUI charges that occurred prior to the law adjustment are usually disregarded and not considered in court. Any DUIs received after the year 2000 can and will be used against a defendant in court who faces a new charge.
That said, there is a rare exception to this rule. If there is a 10-year gap between the second offense and the new offense, there is a possibility that a judge may charge the third offense as a misdemeanor DUI rather than a felony. While these cases are extremely uncommon, having a knowledgeable Manhattan third-offense DUI attorney in your corner could give you a much better chance of obtaining such a unique verdict.
Reach Out to a Manhattan Third-Offense DUI Attorney Today
As you can see, being charged with a DUI for a third time is not ideal. However, seeking guidance from a skilled legal professional may give you your best chance of fighting these charges and receiving a reduced punishment or a dismissed case altogether. Get in touch with a Manhattan third-offense DUI lawyer today to get started on your case.