Maryland Third Offense DUI Lawyer

There are some differences between the ways that first and second offense DUIs are treated, but third offense DUIs are completely different. Due to the habitual nature of the DUI offenses, they are prosecuted more harshly than a first or second offense might be. A skilled Maryland third offense DUI lawyer might be a person’s best chance at a positive outcome. An experienced DUI attorney could work tirelessly to mitigate the penalties that they may face. 

Third Offense DUI Charges in Maryland

Third offense DUI charges are heard in district court or circuit court in Maryland. All DUI charges are initially blocked in district court and can be heard before a district court judge in a bench trial in a district court. However, because there are enhanced penalties for third time DUI offenses in Maryland, if the prosecutor decides to file certain paperwork enhancing the penalty, the DUI is actually eligible for a grand jury indictment.

The prosecutors’ office may choose to bring the third offense DUI charge in circuit court, where it will be heard before a jury or a judge. As with any case in Maryland that carries a penalty of greater than six months, a defendant who has been charged in district court with a third offense DUI may exercise the right to a jury trial and file motion to have their case moved to the circuit court at anytime. That is up to the defendant’s discretion.  In Maryland, the penalties for a third offense DUI include a maximum penalty of three years in jail and a maximum fine of $2,000. A Maryland third offense DUI lawyer could mitigate those penalties.

Prosecution of Third Offense DUIs

Third offense DUI charges are prosecuted very vigorously. In Maryland, all DUI charges – including the first offenses – are prosecuted seriously and considered serious offenses. Drinking and driving is considered a behavior that affects almost everybody. It involves a public roadway, so that affects almost everybody in the community. Due to the potential danger from drinking and driving, Maryland law enforcement and the Maryland prosecutor’s office generally treat all DUI offenses very seriously. They take multiple offenses even more seriously.

The court system is set up in a way that recognizes charges in common. The system allows some leniency in punishment in an accused or defendant. It responds in a way that demonstrates an appreciation for the gravity of their conduct and the serious potential consequences of drinking and driving.What that means is for a first offense, the court and prosecutor’s office are willing to make some compromises with the defendant. When it is a second or third offense, the state is going to be much less inclined to compromise or make a plea offer.

Investigation of DUI Charges

The state is going to be very thorough in investigating the offense and prosecuting the offense. They are going to make sure every witness is available. They make sure every piece of discovery and every document is accounted for. They are going to take a third offense DUI charge very seriously, which is why it is important to work with a Maryland third offense DUI lawyer. Not only could a DUI attorney protect an individual’s rights during an investigation, they could also mitigate the penalties a person may face. 

Does the Time Between DUIs Matter?

In Maryland, in terms of the penalty enhancements, the time between DUIs does not matter. A previous conviction is going to count against on the person’s record and so if a person has two previous DUI convictions inMaryland or in any other jurisdiction in the country, they could potentially face the enhanced penalties for a third DUI. It does matter in a couple of other ways, though. If a person has received probation before a judgment verdict for aDUI at any point within the last 10 years, that person is no longer eligible to receive probation before judgment and for that reason, the timing could affect the possible outcome of any case.

Diversion Programs

Maryland prosecutors do not generally offer diversion programs or probation on the third offense. The only statute that permits certain outcomes is that a probation before judgment for a DUI within the last 10 years means that a person on the new DUI case will not be eligible for probation before judgment. Otherwise, a prosecutor can offer a certain diversion program. However, it is very unlikely, as the diversion programs are only sometimes available for a first-time offender. This could be a situation if a person had previous two offenses from several decades earlier and other potential facts that could be supported.That could be a situation where a third-time offender receives a diversion offer but that is highly unlikely. More than likely, a third offense DUI charge offender is not going to receive a diversion program or probation.

Value of a Maryland Third Offense DUI Attorney

Courts treat third offense DUI charges very seriously. Courts, in general, treat DUI offenses very seriously. The courts are somewhat inclined on a first-time offense to be somewhat going to compromise in terms of the penalty. Generally, courts are willing to forego jail time on the first offense if the defendant is willing to participate in other forms of penalties, such as probation, attending classes and meetings, and certainly maintaining a clean driving record.

When someone is facing a second or third offense, the court is much less likely to compromise. In terms of a penalty, they are looking to see if a person had an opportunity to learn from their mistakes or if they have failed to do so. The courts almost always will impose some punitive jail time for a third offense DUI conviction. In general, the courts treat a third offense DUI charge very seriously and much more seriously than a first or second offense. A Maryland third offense DUI lawyer could work tirelessly to achieve the best possible outcome for an individual.