Third Offense DUI Enforcement in Howard County
Regardless of if it is someone’s first, second, third, or fourth DUI charges, these cases are always heard in the Howard County District Court. Once someone is charged with a third offense DUI, law enforcement officials really start paying attention, because they view that individual as making a habit of driving under the influence, repeatedly endangering public safety. However, a Howard County DUI lawyer may be able to help an individual mitigate law enforcements’ penalties for a third offense. For more information, call and schedule a consultation.
Third offense DUI charges are prosecuted more vigorously because the person has already been given a first and second chance. To the prosecution, a the third offense shows the person hasn’t learned and is repeatedly committing the same infraction. If prosecutors get a conviction, they ask for a substantial amount of jail time to be applied by the judge.
If a person has a third time DUI, they face substantial penalties and possibly a judge who has sentenced the person previously. At this point, the person is considered to be someone who has a substantial alcohol problem and is not just a risk, but a threat to the greater public. The fact that a person can’t stay off the roadway and stay sober puts everyone in danger.
Finding a Lawyer for Third Offense DUI in Howard County
An individual who is charged with a third DUI should look for an attorney they can trust, who is going to be diligent, vigorously looks at every bit of detail of all the facts, directs the person as to the best way that to proceed in this matter, gets the person the required treatment, and puts the person in a position to succeed.
Building a Defense for Third Offense DUIs in Howard County
The defense for a third DUI charge is no different than a person’s first or second DUI offense. For the trial, the attorney looks at every detail and every fact that the officer put in their report from the initial stop, to the contact with their client, to the officer’s observations of cognitive and physical abilities. The attorney examines the Standard Field Sobriety Tests, the officer’s notes, and the instructional phases. Any video or audio available is important in any of these DUI charges. The attorney builds a defense that includes the administration of these tests, the stop of the vehicle and whether it was righteous. The attorney uses the observations of the officer to determine whether they gave a reasonable, articulable suspicion. By addressing these factors, any breath or blood test administered without the officer providing a reasonable, articulable suspicion should be suppressed and is inadmissible in the court. In doing so, the attorney may be able to prove that their client is, in fact, innocent.
Difference in Defense v. First and Second Offenses
The attorney should always be very particular every step of the way. First, second, or third offense, the attorney shouldn’t give one any more weight than the other. They should be addressing every single case diligently. The major concerns for a third offense are whether the attorney can win or is going to enter a plea that their client has done every bit of mitigation possible from an assessment for alcohol to classes. It is important to have inpatient treatment completed so the judge can give credit for the time put into those vigorous inpatient programs which are generally 28 days or more. The person should diligently complete all of these things.