Third Offense DUI Attorney in Dover Challenging the Evidence in Your Third Offense DUI

Many people who have gotten a DUI will tell you that the drink that pushed them over the legal limit will be the most expensive drink they ever bought, according to addictioncenter.com. The price of drinking and driving is costly, as most people spend between $10,000 and $30,000 on high insurance premiums, attorney and court fees, ignition interlock systems, and more.

With a third-offense DUI, you could say costs are three times as much as the first DUI, and it’s possible you could spend a good chunk of your life paying off the debt.

In DUI cases, a judge decides a person’s sentence and fines. Specific guidelines dictate the outcome based on legal parameters. The final result depends on how many prior convictions a person has, any criminal history, other out-of-state convictions, and more.

Repeat offenders face a higher likelihood of conviction and associated penalties, including a felony conviction, alcohol treatment, and education, a one to a two-year prison sentence, up to $5,000 in fines, and driver’s license revocation, from 24 months to 36 months, depending on your blood alcohol content (BAC).

A DUI defense lawyer might be your only chance to receive a better sentence, reduced fines, and less jail time. If you or a family member have been arrested and charged with third-offense DUI in Delaware, please call (302) 678-8700 or Contact us to determine if we can assist you with your case or legal matter..

With a Third DUI Offense, What Charges Can I Expect if Convicted?

Compared to a first-offense DUI, people arrested for a DUI with two or more prior convictions were convicted of a DUI charge 44 percent more often, according to a study published on lawyers.com.

The third offense of driving while intoxicated (DWI) in Delaware is a Class G felony. You will lose your right to vote, hold public office, and own or possess a firearm if convicted. To make matters worse, you will likely have to disclose the felony conviction on job applications, which could harm your chances of getting and keeping a job.

If convicted of a third offense of DWI, you can expect a prison sentence. The DUI statute, 21 Del.C. § 4177 (d)(3), provides a penalty of one to two years in jail. The first three months must be served at Level 5 (in prison, not in a program or home confinement). It says, “the first three months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind.” A third offense, DWI, also carries a fine of $1,500 to $5,000.

In third-offense DUI cases, we often recommend alcohol treatment as soon as possible. For a list of approved DUI treatment programs and counselors, please call: (302) 678-8700 or Contact Me. Our DUI lawyers can also provide insight and offer legal assistance regarding your DUI third offense case.

What is a Felony DUI Conviction?

A DUI charge can result in a misdemeanor or felony conviction. Repeat offenders, however, face a felony conviction. These have harsher penalties.

With a DUI charge, a felony conviction differs from a misdemeanor charge in that it involves property damage, injury to one or more people, serious bodily harm, wrongful death, or multiple DUI charges.

In a felony DUI case, given the consequences you face, you must retain counsel as quickly as possible.

A felony DUI case does not follow the same path through the courts as a misdemeanor first or second offense DUI case. A felony case will result in a preliminary hearing or probable cause hearing in the Court of Common Pleas, usually within the first week or two after arrest.

You must retain a qualified DUI defense attorney with felony criminal trial experience to represent you at this hearing for the best-case scenario. You must take specific steps at the preliminary hearing stage, such as determining whether you will have your hearing or waive your hearing.

If you have the hearing, you must have competent legal representation to preserve and challenge the evidence. If you are facing a felony DUI conviction, speak with a DUI defense lawyer immediately: (302) 678-8700.

What if I Injured Someone While Drinking and Driving?

Drunk driving accidents can cause serious bodily injury and harm to passengers in the vehicle and other drivers on the road. Common drunk driving-related injuries include traumatic brain injuries, spinal injuries, organ damage, limb injuries, soft tissue injuries, and burns.

According to the Centers for Disease Control and Prevention (CDC), drunk driving kills 30 people daily, or one person every 53 minutes. Penalties for a DUI with injury are a felony offense, and depending on how many people are hurt in the crash and how badly, you could serve up to three years in prison and five years of probation, pay a fine of up to $5,000, and a license suspension of up to one year.

If you caused another person’s death as a result of your impairment, known as wrongful death, penalties for this crime include fines up to $25,000 and one to 25 years in prison. In addition to serving time, the person you injured or their family can sue to cover their medical expenses and any lost wages.

A family member, such as a spouse, might pursue charges and restitution if you wrongfully killed their significant other in a drunk driving car accident.

Dangerous driving, vehicular homicide, and careless and negligent driving that causes serious bodily harm are severe criminal offenses with life-altering penalties. A DUI defense lawyer with our firm is ready to hear your case. Call (302) 678-8700.

When Should I Contact a Third Offense DUI Attorney for Advice?

Having two or more prior convictions when arrested for a DUI greatly increased the chance of jail time. Fifty percent of people arrested for a third or fourth DUI were sentenced to time behind bars, compared with nine percent of first-time offenders, according to another study referenced in lawyers.com.

Every decision you make after you’re charged with a third offense DUI counts, especially if there’s solid evidence against you from law enforcement and the prosecutor, aggravating circumstances, and previous charges.

A DUI defense attorney is your best defense in getting a fair trial and a reduced sentence, as we can use different methods to dispute the evidence, including results of the field sobriety test, operational errors at the time of your arrest, and accuracy of the BAC results, among others.

Most third offense DUI cases take more than seven months to resolve, and your third drunk driving charge differs from the previous two as you have less leverage to work with. You could face mandatory jail time, license suspension of up to two years, lost wages, the stigma of a criminal record, and a required ignition interlock device.

Book an initial consultation for immediate legal advice when your freedom is on the line: Call Delaware DUI Defender at (302) 678-8700.