DRIVING UNDER THE INFLUENCE IS A FELONY IN VIRGINIA
Driving under the influence is a felony in Virginia and if you already have two convictions on your record, be prepared for some serious consequences for your third VA DUI. The state of Virginia does not take drunk driving offenses lightly and expect hefty fines, jail sentences and more. So, if you are charged with a third VA DUI, it is time to consult a reputable law firm such as the Law Offices of SRIS, PC to have your charges reduced or dismissed. The assistance of an experienced attorney is crucial as the state shows no mercy to third party VA DUI offenders.
The third DUI in VA can haunt the driver for years. The more times the law is broken, the higher the penalties. A first and second time DUI offense can result in a Class 1 misdemeanor and a third VA DUI within 5 years is a felony. In the latter, there is a mandatory jail sentence of 6 months and a fine of a minimum of $1000 . In addition, the driver’s license will be revoked indefinitely. Penalties can be severe if there is a minor passenger in the car or if the driver refuses to take a breathalyzer.
It is not easy to get out of VA DUI third offense unless you have a solid defense strategy. Your attorney must be skilled in delivering the third VA DUI and experienced in breaking evidence for the prosecution. Also, remember that the burden of proof is on the prosecution and this could be used to the benefit of the accused. Unless the crime is proven beyond a 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 substances or both and the BAC level was 0.08 or higher. The prosecutor also has to show two prior convictions on record and that the current one is the third DUI in VA.
A driver who refuses a breath test during the third VA DUI will be considered to have also refused the first two tests, even though only the third VA DUI is the first refusal. This means that fines, jail time, and driver’s license suspension will be some of the additional charges that the defendant must face in addition to the penalties of the third VA DUI conviction.
An experienced defense attorney will test all possible loopholes in the system to reduce the impact of the third VA DUI lawsuit. The defense attorney may challenge the witness’s testimony and test results to show that the test results are not completely infallible and that there was an error in judgment on the part of the law enforcement officer.
3ER DUI EN VA O 2DO DUI EN VA
A third strong DUI in the VA defense would be to file a motion to suppress the challenge to the authority to stop your car. If the lawyer succeeds in showing that the police violated constitutional rights, then the judge can rescind all the evidence. This means his field sobriety test, chemical test, and office observations do not stand in the way of winning your case.
Your defense attorney has another chance to reduce your third VA DUI to a lesser charge that gives you a respite from a harsh penalty. If she understands the accusation, he can opt to plead guilty to lesser charges. A prosecutor who does not have evidence to prove the charge may accept a petition for a reduction of charges. This could be a win-win situation for both the prosecutor and the defendant.
The success of any case hinges on how successfully you take advantage of the legal system. In the third VA DUI case, the judge follows a strict rule of evidence and this could lead to a harsh outcome if he is convicted. It is the judge’s responsibility to evaluate the evidence and instruct the jury on the implications of the evidence.
Defending a third VA DUI is different from a second or first VA DUI. The arguments will be technical and the judge and jury will show no leniency in the matter. It is a common observation that VA 3rd DUI defendants have high blood alcohol levels and drug abuse problems. This means that a person with a 3rd VA DUI or 2nd VA DUI will have a mandatory minimum attached due to their high blood alcohol concentration, which leads to an additional 5 or 10 days in jail. Due to the mandatory minimum time attached to the crime, the defendant may have to take a mitigating step such as hospital treatment, community service, and programs to reduce the mandatory minimum time. Again, this is not standardized and varies from case to case and prosecutor.
3RD DUI IN VA CASES
If you find yourself in a 3rd VA DUI situation, your only alternative would be to hire an attorney who has all the potential and skill to scrutinize every prospect of the case and put 100% into mitigating 3rd VA DUI charges. Don’t wait any longer and get your charges reduced or relieved as soon as possible. Remember that time is limited in criminal charges cases and have your attorney work on your case as quickly as possible. If you appeal the officer’s decision to suspend your license, you must work within 5 days.
In the third DUI in VA, the trial dates are quite fast 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. Speed in selecting the best 3rd VA DUI law firm in town is your only chance out of the chaos.
The Law Offices of SRIS, PC has all the elements to support your case and get you in the best possible direction to provide instant relief from penalties. With our years of skill and experience handling VA third DUI cases, we can help get your charges dismissed or reduced.