Summerville Third Offense DUI Lawyer

A third charge for driving under the influence (DUI) is different in nature than a first or second offense. Because a third time DUI must have a history of a conviction in the last ten years, courts, officers, and prosecutors often go tougher on someone charged with a third offense than a first or even second offense.

Given how courts and prosecutors treat third DUIs, it is especially important for those charged to seek the counsel of a seasoned DUI attorney. A Summerville third offense DUI lawyer could obtain footage of the arrest, assess the evidence, and determine whether there are any issues with the sobriety tests performed or inconsistencies in the evidence.

How Do Courts Treat Third Offense DUIs?

Third offense DUIs are heard in general sessions court, which is the higher-level court in the state. Typically, courts do not go easy on third offenses. There is only one category above the third offense, so courts may view those who have made it this far as unwilling to get help. Courts treat these cases very seriously, since the driver is placing the public at risk.

A local attorney well-versed in third offense DUI cases could work with a defendant to prepare their case for trial. It is important to find things that will be meaningful to the jury. If the defendant does not appear to be intoxicated in the video footage, this could influence the jury’s decision and imply an error in testing. If an officer does not provide Miranda rights on video, this could also be persuasive to the judge to potentially dismiss the case or throw out the evidence ahead of time.

Potential Consequences of a Third Offense DUI Conviction

Depending on the results of a breathalyzer test, a defendant will face specific mandatory minimum sentences and fines. Potential penalties can also be aggravated by factors such as the presence of a minor. Minimum sentences depend on the results of an individual’s breathalyzer test. Sentences can range from 60 days in jail to five years, and fines can be anywhere between $3,800 and $10,000. An individual also may be required to have an interlock device installed in their car for the highest offenses. A lawyer could explain the potential penalties for a third offense DUI conviction in more detail.

A defendant will also face license suspension upon conviction for a third offense DUI. License suspension will also be enforced if a driver refuses to take a breathalyzer test, although this could be appealed with the help of a knowledgeable Summerville DUI lawyer.

Diversion Programs and Probation

Typically, there will not be a diversion program offered for a third offense DUI, although this depends on the facts of the case. However, probation can be offered except for the mandatory minimums. Once a defendant has served a mandatory minimum, they could be placed on probation for the remainder of their sentence.

Does Time Between DUIs Matter?

The time between convictions may play into third offense DUI proceedings. If the third DUI offense was further apart in time than the first and second, then a prosecutor may be more willing to lower the charge down to lower offense DUIs and give the defendant a break.

A defendant’s conduct between the first two DUIs and the third can also impact the case. If an individual went through treatment, their attorney could use this as evidence in court to potentially reduce the penalties they may face for their third offense DUI in Summerville.

Call a Summerville Third Offense DUI Attorney Today

Third offense DUI charges can have significant impacts on your life. You could be facing prison time, fines, license suspension, and more. If you have been charged and are unsure of the proper steps forward, a skilled attorney could help. A local lawyer is well-versed in local laws, familiar with the roads, and knows what to expect from prosecutors. To discuss your case with a Summerville third offense DUI lawyer, call our office today.