License Following a Prince George’s County Third-Offense DUI
You license following a Prince George’s County third-offense DUI could carry with it points after a recent DUI charge. Because of this, you could be relegated to an ignition interlock system and have to fight the Maryland Vehicle Administration on top of the criminal charges pending against you. Fortunately, there are experienced defense attorney who could help by fighting for you on both of these fronts.
What Happens to a License after a Third Offense Prince George’s County DUI Charge
With respect to a third offense DUI charge in Prince George’s County, a lot depends upon the time between charges. When a conviction comes in, individuals get eight to 12 points depending on whether it is an impairment DUI or DUI per se. It is also going to be referred to the Maryland Vehicle Administration (MVA) and the Maryland Department of Transportation (MDOT) who would do one of the following:
- File a Notice of Administrative Hearing
- Extend to them the opportunity to utilize the “ignition interlock”
- Refer them to the Medical Advisory Board.
The MDOT and MVA place stringent conditions on that person’s driver’s license and they are going to make them jump through a number of hoops just to be able to keep their license. Courts and the MVA are going to want them on “ignition interlock” for an indefinite period of time until they see them maybe fit to have it off their vehicle.
Could Penalties Be Applied Before a Conviction?
A person must be convicted before receiving penalties, although the charges alone are enough to impact their license upfront. Any DUI could have a penalty up front for simply refusing to give a breath score or blowing in a breath test 0.08 or higher. However, the conviction carries with it more serious and impactful consequences.
The Differences in How Attorneys Handle a Suspension of a License after a Third Offense DUI Charge
The differences of a license suspension after a third offense DUI is difficult enough because at the administrative hearing. The Administrative Law Judge (ALJ) could look directly at an alleged offender’s driving record. It is right in the system. Judges would use that information to assess what penalties are prudent. They also could just suspend them outright or refer them to the Medical Advisory Board. They have a number of unique powers that they could utilize as consequences for alleged offenders.
How Challenging a Third Offense DUI License Suspension Changes
Part of the differences in how to challenge the suspension of a driver’s license after a third offense DUI would obviously be the way to address it upfront. Options for addressing it could include:
- Determining how much information individuals and attorney wish to share with the ALJ
- Sharing depositions that have been taken in court
- Demonstrating the penalties that have already been endured
Those are the things they want to be able to show right away so that ALJ does not feel the need to penalize the defendant harsher than necessary. Unfortunately, most defenses have been done before and do not carry much weight.
Most defense attorneys would recommend to clients that they have the “ignition interlock” put on their vehicle ahead of time to shows that they are doing everything upfront.
Applying for a Restricted License after a Third Offense DUI Charge in Prince George’s County
Drivers may apply for a restricted license after being charged with a third offense DUI in Prince George’s County. However, it depends on the timing. If their two priors were 30 years ago and are now receiving a third DUI charge, they absolutely have the right to apply for a restricted license, so long as their license has only eight or 12 points from this one conviction. Their breath score would have to be below 0.15 during the arrest as well. If individuals meet these requirements, they have the ability to request a restricted license and they may be successful, or may not. An experienced defense attorney would recommend them getting an “interlock ignition”, but that does not work for everyone. Sometimes the ALJ does not feel comfortable restricting their license but instead grants ignition interlock. The defendant has 10 days to have that installed and present the paperwork from the installation.
What Steps to Take to Return a License If Acquitted
If a driver is acquitted of a DUI, the Maryland Vehicle Administration has already taken action. The ruling of the Administrative Law Judge is binding and there is nothing they could do. Their license is separate from the court. The matters are dealt with distinctly different from one to the other so they could still be penalized in one area.
Speak with a Respected DUI Attorney Familiar with Third Offense Charges
The consequences after a third DUI charge do not stop and end at a license. While a license following a Prince George’s County third-offense DUI would likely be suspended, the ramifications on a person’s criminal record could be devastating. Because of this, it is critical for you to speak to a competent DUI attorney. Call today.