Any arrest for driving under the influence (DUI) is a serious matter, but multiple convictions carry much greater penalties. These enhanced consequences only apply to convictions from the previous 10 years.
If you have been arrested for a third-time DUI in Chesapeake, your choice of attorney is crucial. Being found guilty could result in time behind bars as well as other consequences that follow you forever. Let a skilled DUI attorney help you develop an ideal strategy based on the facts.
Penalties for a Third Conviction
A third conviction for drunk driving in Chesapeake brings an array of penalties and consequences. The charge is treated as a Class 6 felony under the law. In addition to the potential sentences outlined in the statute, a verdict could also have other negative outcomes.
Prison Time and Fines
Typically, a conviction for a Class 6 felony leads to a prison term between one and five years. There is also a maximum fine of $2,500. While judges have flexibility in handing down these sentences, the guilty party is required to serve at least 90 days in jail for a third conviction. If both prior DUIs occurred within the previous five years, the mandatory minimum is a six-month sentence and a fine of $1,000.
Suspension of Driving Privileges
The right to operate a motor vehicle is also substantially restricted. This includes revocation of a driver’s license without the option for a restricted license. Should the defendant ever secure a new license, they may be required to install an ignition interlock device.
Collateral Consequences
There are also the indirect costs of being found guilty of drunk driving for the third time in ten years. While they do not stem directly from the statute, their impact is no less significant. For example, being convicted of a felony results in the loss of the right to vote or own a firearm. It can also make it difficult to keep or find a job. Having a criminal record could also affect child custody disputes.
Possible Defense Options
There is an opportunity to avoid a third DUI conviction in Chesapeake, but only with the right defense strategy. How an attorney approaches each case will depend largely on the facts. In general, a lawyer can use two common options in most situations.
First, many attorneys choose to attack the legality of the traffic stop. The police may not pull over a driver without a valid reason, and any evidence collected during an illegal stop can be thrown out by the judge.
Second, it is often possible to challenge the results of a chemical test. Blood, breath, and urine testing comes with strict requirements. The failure to meet them can render the results inaccurate. An attorney may be able to have those samples thrown out.
Finally, there are times when it is possible to exclude a prior conviction from consideration if it is too old or from a different jurisdiction with laws that do not closely resemble Virginia’s. That could reduce the charge to a lesser offense.
Talk to an Attorney in Chesapeake about a Third-Time DUI Arrest
You have the opportunity to fight back against a third-time DUI in Chesapeake. An aggressive approach may provide you with a favorable outcome. Reach out to Parks Zeigler, PLLC, as soon as possible for a private consultation with legal counsel.
