An Experienced DUI Lawyer Can Help You Minimize the Effects of a Third Offense DUI
First time DUI
Having a first time DUI is no laughing matter, and an experienced DUI attorney in Las Vegas can help you minimize the effects of a DUI charge. If you have been arrested for driving under the influence, you should speak with an experienced DUI attorney who can help you navigate the confusing criminal justice system. An attorney can also review your DUI charges and advise you of the available defenses to get the charges dismissed or reduced.
The penalties associated with a DUI are far reaching. Depending on the facts of your case, you could face a misdemeanor or felony charge. The penalties associated with a first DUI can include fines, jail time, alcohol and drug education classes, and even the installation of an ignition interlock device. Fortunately, there are many legal defenses to consider, and an experienced Las Vegas DUI attorney can help you find the best option for your situation.
The most important point to keep in mind when looking for the best DUI lawyer in Las Vegas is that the penalties are dependent on the facts of your case. Depending on your blood alcohol content, you could face a felony charge, which can lead to two to 20 years in prison. However, you can avoid a felony charge if you can prove you were driving within the limits of the law at the time of the arrest.
For your first DUI, you should expect to pay a fine in the neighborhood of $500 or more. While this may seem like a lot, it is actually a relatively small sum, especially considering the other penalties that could be imposed. Even if you don’t go to jail, you could face a number of other penalties, such as a probationary period, a requirement to attend alcohol and drug education classes, and the installation of an ignition interlock device for up to 36 months.
Aside from the fine, you can expect to have your driving privileges suspended for up to 185 days. You can expect to receive a restricted driver’s license after this time, although you may have to pay to have your license reinstated. After the 185-day suspension period is over, you can obtain a restricted driver’s license, which permits you to drive for employment purposes.
You can also expect your lawyer to recommend that you take a breath test, which is one of the most useful legal defenses available. This is because a breath test can be used as evidence in a criminal trial. If you choose to test your blood alcohol level, you can find out if you are indeed intoxicated. It is also possible for an officer to use a portable breath test device to test you for alcohol. However, the results of this test will not be accurate, as the device does not account for other possible causes of high CO2 in your breath.
Penalties for a third DUI offense in 7 years
Defendants convicted of a third DUI within seven years of their second offense are subject to heightened penalties. This includes a mandatory five-year prison sentence, restitution, court costs, and substance abuse evaluation. Depending on the court’s discretion, a defendant can also be required to perform unpaid community service instead of paying a fine. In some cases, a judge may also require an ignition interlock device.
Drivers under the age of 21 are also subject to zero tolerance laws, which bar them from driving under the influence. Those who refuse to submit to a chemical test are also subject to mandatory penalties. This includes a minimum of ten days in jail and a one-year license suspension. Those who are found to have a BAC of.08% or more will face the maximum penalty of six months in jail and a one-year license revocation. The penalties for a third DUI can vary depending on the blood alcohol content and the driver’s prior DUIs.
If you are convicted of a third offense, you may also face a third-degree felony charge, which can carry up to ten years in prison. A third-degree felony can also lead to a fine of up to $10,000. This type of punishment is the most severe in the state, and you will also be considered a habitual traffic offender. If you are convicted of a third DUI within ten years of a previous offense, you will have your license revoked for a minimum of one year and a maximum of three years. The penalty will also include an ignition interlock device that you must use for the first year of your revocation period. If you do not install the device, you will be subject to a suspension for another year.
In addition to prison time and a license revocation, a person convicted of a third DUI may be subject to mandatory alcohol education classes and alcohol rehabilitation programs. The program will require a minimum of sixty days of community service. If you fail to complete the program, you may be subject to additional penalties, such as probation violations and additional license revocations.
Depending on the circumstances, a judge may also require the installation of an ignition interlock device on your vehicle during the revocation period. If you are found guilty of a third DUI within ten years, you may also face a third strike offense, which requires a minimum of one week and a half in jail and a six-month license suspension. Depending on your age, you may also be required to attend a driving safety program.
If you have been arrested and charged with a third offense, you should seek legal counsel as soon as possible. This is because the penalties for a third DUI offense are severe and can destroy your future employment opportunities. In addition, a conviction can ruin your reputation and put you at a disadvantage when applying for loans and insurance.
Defenses in a third offense DUI case
Whether you have been arrested for a DUI or you are looking into your options, a third offense DUI can come with some serious consequences. The penalties are typically much higher than those associated with a first time DUI. They also involve more expensive fines and mandatory DUI classes. You may even be required to install an Ignition Interlock device on your car.
Fortunately, a good DUI defense can reduce the penalties associated with a second or third DUI. These days, laws pertaining to DUI have become more stringent in all states. As a result, a good lawyer will be able to help you avoid the worst offenders and build a solid defense. If you have been charged with a third offense DUI, you have the opportunity to challenge the suspension of your driver’s license at an administrative hearing.
In most states, a third offense DUI charge will result in a minimum suspension period of three years. While you are waiting for that to run out, you may be subject to a number of other penalties, including the aforementioned license suspension. Depending on the circumstances surrounding your arrest, you may also be subject to a wage garnishment. You should take steps to counter these effects of the law as soon as possible.
A third offense DUI case has many of the same elements as a first time DUI charge, such as a probable cause citation and the proper legal etiquette after an arrest. However, because of the increased severity of the consequences, it is important to have a lawyer by your side to guide you through the process. A good third offense DUI attorney will be able to review your arrest details and determine whether there is a good case to be made for your case. They can also help you decide if you have a constitutional right to challenge your arresting officer’s actions.
One of the more common DUI defenses is to challenge the accuracy of a Breathalyzer machine. This is not the only way to challenge the test’s accuracy, however. You can also challenge the officer’s belief that you were intoxicated and whether the test was performed in the proper manner. Similarly, you may be able to challenge the officer’s actions at an administrative hearing. You can also ask the judge to waive a DUI test in exchange for a fine, but this is not recommended.
Although it is not as exciting as your first or second DUI, a third offense DUI is still a crime to be avoided. The penalties can be harsh and the costs can be daunting. This is why it is important to get legal advice as soon as possible. A good lawyer will be able to help you get through this ordeal in the most effective way possible.
The most important thing to know about a third offense DUI case is that it is not a case that will be resolved quickly or easily. You may face the prospect of jail time, mandatory DUI classes, and a license suspension. However, with the right legal advice, you can overcome this and move forward with your life.