Carroll County Third-Offense DUI Lawyer
While efforts in past DUI charges may have not succeeded in keeping a clean record, that does not mean that every alleged perpetrator does not deserve their rights respected. Furthermore, if you have been charged a third time with a DUI, it is in your interests to retain an attorney who could not only help preserve your rights and future, but also help with mitigating sentencing. A Carroll County third-offense DUI lawyer could help you by doing just that.
The Severity of a Third-Offense DUI Charge
Third offense DUI charges are always held in the district courts. Maryland legislation is considering a bill to enhance third-offense DUI penalties upon conviction to five years. Maryland does not carry a felony enhancement on DUI, however, a number of states consider a third offense a felony with major penalties. Maryland is not part of that system, as of now. There has been talk and rumor that they are going to strengthen their minimum punishment to three years and a $3,000 fine and five years as a maximum time.
How Third-Offense DUI Charges Are Prosecuted and to What Degree
The prosecution of a third offense DUI is exceptionally more vigorous than second or first offense DUIs. The State’s Attorney’s Office is going to address defendants as a public nuisance who could never be trusted behind the wheel of a vehicle without “interlock” on their vehicle at all times and be monitored through the Medical Advisory Board. The State would want the judge to make the referral to the Medical Advisory Board to keep them off the road unless they are strictly monitored. There is often little or no mercy from the State’s Attorney’s Office because they have a job to enforce the safety of the community. Such stringent penalties are in place because someone falling off the wagon or just made a mistake years after the prior DUI charge is no excuse.
The Medical Advisory Board is going to monitor a defendant’s license and keep them on the “ignition interlock” indefinitely. The DUI driver would have to deal with them, a reinstatement packet, and a number of other obstacles that could adversely affect them ever driving a car again in the State of Maryland or any other states. There is an interstate compact among states that communicate with each other regarding all prior licenses and all prior locations. Not every state is on it, but an overwhelming percentage of other states may look at an “ignition interlock program” as not such a good thing.
There is no mercy from any judge as to what the public may read on a person’s criminal background check. Why would they feel bad about putting a defendant in jail if they did not get the message from the first or second offense DUI? Fortunately, a Carroll County third-offense DUI lawyer could help defendants mitigate potential sentences.
Current Penalties for a Third-Offense DUI in Maryland
Right now in the State of Maryland, a third offense DUI, a transportation article violation and conviction, is the equivalent of a misdemeanor. If the subsequent offender notice has been filed, its absolute maximum is three years and a $3,000 fine.
How the Time Between DUIs Could Impact Trial and Sentencing
The time between DUIs matters because the Maryland State Legislature has said that after 10 years defendants may be eligible for consideration of another “probation before judgment”. Certainly, longer windows of time are important. If defendants had a pair of DUIs when they were really young (18 to 21) and then 35, 40 years later they get a third, they might get leniency from a judge. They know they could end up doing 20 days, 10 weekends or straight time.
Certainly, the defense attorney wants to protect the defendant and may advise them to attend an in-patient program for possibly 28 days to prevent them from going to jail. This would show the court that they do understand the seriousness of their situation, retained an attorney, are receiving in-patient treatment, and are making certain that they are sober. It may also mean getting sponsors and/or into a home group. These meetings might occur once a day or every other day, whatever it takes to show that they are absolutely going to eliminate alcohol. They have proved that they do not do well with alcohol anymore.
There are judges who would think that and would likely sentence them as harshly as possible if they do not preemptively do enough to show them they take the charges seriously and want to improve their life so it does not happen again.
Talk Preemptive Options with a Defense Attorney
When facing the exceptionally likely prospect of prison time, what might be ideal is mitigating the consequences of what is to come. A Carroll County third-offense DUI lawyer could show you how to do just that. An attorney you choose to retain could draft a plan of action and point you toward preemptive mitigating steps you could take. These steps could hopefully demonstrate to the court that you wish to improve. Do not waste time, reach out to an attorney today.