Columbia Third-Offense DUI Penalties

In Columbia, if someone is convicted of a third-offense DUI charge, an ignition interlock device is required for three years unless the first conviction was within 15 years. The ignition interlock device is installed on the person’s car for up to four years.

A person must be convicted of a third-offense DUI to receive fines and jail time. The arrest alone can result in the administrative suspension of the person’s driver’s license. The suspension can be challenged through the Office of Motor Vehicle Hearings. The ignition interlock device is required for three or four years depending on whether the person was convicted. That is not the automatic penalty for a third-offense arrest. Contact an experienced third-offense DUI lawyer for more information.

Applying for a Restricted License

A person can apply for a restricted license after being charged with a third-offense DUI in Columbia. If a person is charged, but not convicted, they can apply for a temporary alcohol restricted license within 30 days of the suspension of their license. By the time the person has a first offense, most likely, they already used up their one-time route restricted license and that is no longer available. To challenge the initial suspension, the temporary alcohol restricted license should be available while the hearing is pending. The outcome of the hearing determines whether the license is suspended.

If someone is acquitted of a DUI, the charge is considered dismissed because it is treated the same as if the person was not arrested. Once the paperwork is filed and completed, the person should be able to get their full driving privileges reinstated from the Department of Motor Vehicles and have their standard-issued driver’s license.

Penalty Enhancements or Aggravating Factors for Third-Offense DUI Charges in Columbia

The BAC is a person’s blood alcohol level. For a 0.09 or less, a person faces 60 days to three years in jail, whereas if a person had a blood alcohol level of 0.10 to 0.15, they may face a penalty in between that. The next level is 0.16 and is the maximum penalty where a person faces a mandatory minimum of six months up to five years in jail. The BAC is important because it directly determines whether the penalty is enhanced if the person faces much harsher penalties for being arrested for DUI, and if the person is to be convicted.

What if Minors are in the Vehicle?

Unfortunately, it is common that minors are in the vehicle of someone driving under the influence. The police may charge individuals who have minors in the vehicle with child endangerment. That statute is a misdemeanor and carries half of the penalty of whatever offense the person is arrested for, which is generally DUI. Whether it is a first offense, second offense, or a third-offense DUI, the penalty for child endangerment is half of the penalty of the original charge. For example, with a third-offense DUI with a blood alcohol level of 0.16 and above, the person faces six months to five years and the child endangerment penalty is half of that.

Columbia Third Offense DUI Lawyer