Driving Under Influence is a serious offense in Virginia
Driving Under Influence is a serious offense in Virginia and if you have already two convictions on your record, be prepared for some severe consequences for the 3rd DUI in VA. The state of Virginia does not take drunken driving offenses lightly and you are in for hefty fines, jail sentence, and more. So, if you are accused of 3rd DUI in VA, it is time to consult a reputed law firm, like the Law Offices of SRIS, P.C. to get your charges reduced or dismissed. The assistance of an experienced attorney is crucial as the state does not show any mercy on the 3rd DUI offenders in VA.
The 3rd DUI in VA can haunt the driver for years to come. The more the number of times the law is broken, the higher the penalties. A DUI offense for the first and second time can result in a Class 1 misdemeanor and a 3rd DUI in VA within 5 years is a felony crime. In the latter, there is a mandatory jail sentence of 6 months and a fine of a minimum of $1000. To add to this, the license of the driver will be revoked for an indefinite period. The penalties can be harsh if there is a minor passenger in the car or if the driver refuses a breathalyzer.
It is not easy to come out of 3rd DUI offense in VA unless you have a solid defense strategy. Your attorney should be adept in handing 3rd DUI in VA and experience to break the prosecution’s evidence. Also, remember that the burden of proof lies on the prosecution and this could be used to the advantage of the defendant. Unless the offense is proved beyond doubt it is difficult to convict the accused.
The prosecution has to prove that the defendant drove the vehicle under the influence of alcohol or substance or both and the BAC level was 0.08 or above. The prosecutor also has to show two previous convictions on record and that the current is the 3rd DUI in VA.
A driver refusing a breath test during the 3rd DUI in VA will still be considered as refusing the first two tests as well, despite only the 3rd DUI in VA being the first refusal. This means the fines, jail sentence and driver’s license suspension will be some of the additional charges, the defendant has to face in addition to the 3rd DUI in VA conviction penalties.
An experienced defense lawyer will try all the possible loopholes in the system to reduce the impact of the 3rd DUI in VA lawsuit. The witness’s testimony and test results can be challenged by the defense lawyer to prove that the test results are not completely foolproof and there was a judgment error upon the law enforcement officer.
3rd DUI in VA or 2nd DUI in VA
A strong 3rd DUI in VA defense would be is to file a motion to suppress challenging the authority to stop your car. If the attorney succeeds in proving that the constitutional rights were violated by the police, then the judge can rescind all the evidence. This means your sobriety test, chemical test and observations of the office do not stand in the way to win your case.
Your defense lawyer has another chance to reduce your 3rd DUI in VA to a lesser charge giving you respite from a severe penalty. If you have an understanding of the prosecution, you can opt for a plea for lesser charges. A prosecutor with a lack of evidence to prove the charge can accept a plea for reduced charges. This could be a win-win situation for both the prosecutor and the defendant.
The success of any case revolves around how successfully you take advantage of the legal system. In the case of 3rd DUI in VA, the judge follows strict evidence rule and this could lead to a harsh outcome if you are convicted. It is the responsibility of the judge to evaluate the evidence and instruct the jury on the implication of the evidence.
Defending a 3rd DUI in VA is different from the 2nd DUI in VA or the 1st. The arguments are going to be technical and the judge and the jury will show no leniency in the matter. It is a common observation that those accused of 3rd DUI in VA have high blood alcohol levels and drug abuse problems as well. This means a person with 3rd DUI in VA or 2nd DUI in VA will have minimum mandatory attached due to the high level of alcohol concentration in their blood, leading to an added 5 or 10 days jail. Due to the mandatory minimum time attached to the offense, the defendant may have to take a mitigating step like inpatient treatment, community service, and programs to reduce the mandatory minimum time. Again this is not standardized and varies from case to case and the prosecutor.
3rd DUI in VA Cases
If you are in 3rd DUI in VA situation, the only alternative would be is to hire an attorney who has all the potential and skill to scrutinize every prospect of the case and put in their 100% to mitigate the 3rd DUI in VA charges. Do not wait any further and get your charges reduced or relieved as early as possible. Remember that time is limited in cases of criminal charges and get your attorney work on your case as quickly as you can. If you appeal the decision of the officer to suspend your license, you need to work within 5 days.
In the 3rd DUI in VA, trial dates are pretty quick and from arraignment to a jury trial, it takes less than three months. This is fast for any case and waiting could be detrimental to your cause. Swiftness in selecting the best law firm for 3rd DUI in VA in town is your only chance out of the chaos.
The Law Offices of SRIS, P.C. has all the elements to support your case and take it in the best direction possible to give you instant relief from the penalties. With our years of skill and experience in handling 3rd DUI in VA cases, we can help dismiss or reduce your charges.