Third-Time DUI in Montgomery County
Multiple convictions for driving while impaired or under the influence can result in an enhanced DUI charge with more severe penalties. If you were recently arrested for a third-time DUI in Montgomery County, contact our office today to schedule a free initial case evaluation with experienced DUI defense attorney Seth Okin. We could discuss the circumstances of your arrest and your history to determine your options for navigating the criminal legal process.
What Occurs After a Third Conviction for DUI in Montgomery County?
Under Maryland Statute § 21-902(h), a third-offense DUI is a misdemeanor in Montgomery County, and the potential punishment is a prison term of up to 5 years and a maximum fine of $5,000. If your third offense occurs within 5 years of a prior DUI or impaired driving conviction, you face a mandatory minimum penalty of 10 days in prison. In addition to these penalties, your driving privileges may be suspended or terminated.
You must have two prior qualifying DUI or impaired driving convictions for a prosecutor to seek a third-time offender charge. This includes prior convictions for driving while intoxicated or under the influence of any of the following:
- Alcohol
- Marijuana and other drugs
- Controlled substances
- Any combination of drugs and alcohol
This applies to other types of motor vehicles, including boats and other watercraft. Your prior DUI or DWI convictions do not need to have occurred in Montgomery County or the state of Maryland. The state’s repeat offender laws also apply to prior convictions from other states if they would qualify as a conviction in Maryland.
How a Defense Lawyer Can Advocate for You in a Third-Time DUI Case
Your options following a third-offense DUI arrest in Montgomery County often depend on your prior conviction history and the circumstances of your recent allegations. A defense lawyer could protect your right to a fair criminal proceeding and advocate for a resolution that aligns with your interests. The use of improper evidence or violations of your right to due process can establish a case to either dismiss or reduce the charges you are facing.
Under Maryland Statute § 11-174.1, driving under the influence requires evidence that a driver’s alcohol concentration registered at 0.08 per 100 milliliters of blood or 210 liters of breath. The method and handling of this testing evidence may have violated your due-process rights, potentially making it inadmissible in court. If a prosecutor cannot establish the standard required for a DUI or impaired driving charge, a criminal defense lawyer could seek a dismissal of the case. We could also defend against an illegal traffic stop that led to your DUI arrest if law enforcement failed to establish probable cause.
Judges have significant discretion when sentencing for DUI offenses. We could advocate for you by raising important concerns that may support a lighter penalty, including alternatives to incarceration such as inpatient rehabilitation treatment or home detention with electronic monitoring.
Consult Seth Okin for Help After a Third-Time DUI Arrest in Montgomery County
You deserve the right to legal representation when facing criminal charges that can have a significant impact on your future. Following an arrest for a third-time DUI in Montgomery County, experienced defense lawyer Seth Okin could help you navigate the criminal legal process with clear guidance. Contact Price Benowitz LLP today for a free case evaluation.