Maryland Third-Offense DUI Consequences

Many people do not realize how inconvenient and immediate Maryland third-offense DUI consequences can be. After getting charged for a third DUI offense, a person’s license will likely be suspended. With so much at stake, it is vital to work with a dedicated DUI attorney that could fight to mitigate the penalties you face and protect your rights.

Is a Conviction Necessary to Receive Penalties?

A person does not have to be convicted before receiving penalties. A charge alone will restrict a person’s driving privileges. How swiftly penalties are dispensed depends on exactly what happened, and how the charges were administered. If a person refuses to blow on the Breathalyzer, a refusal can lead to up to a one-year suspension of driving privileges. If a person did blow but they were over the limit, that can lead to up seven months of months of suspension. The specifics of the penalty can depend on a person’s choices during the arrest for the third offense DUI.

Challenging a License Suspension

There are no differences in the process of challenging the suspension of a license after third offense DUI charges. A person always has the right to challenge the immediate suspension and they should always invoke that right. Challenging a license suspension is just one of the ways that someone can try to mitigate Maryland third-offense DUI consequences. There is a high standard because the government has to prove beyond a reasonable doubt but at the MVA hearing, they have to show that there is a preponderance of the evidence, which means it is essentially more likely than not that the person committed a violation.

However, there is always room for the defense to make someone an argument that there was a problem with the initial traffic stop or something in the way that field sobriety test was administered. Any of those things could support a finding that a suspension is not warranted and could defend against the suspension. At the end of the day, the MVA could reinstate driving privileges.

Applying for a Restricted License

Just like a driver charged with first or second offense DUI, a driver charged with a third offense DUI is still eligible for a restricted license. The fact that the person has two prior DUI convictions is going to make it more difficult to receive the benefit of a restricted driving privileges license but they are not automatically barred from getting a restricted license.

If a person is acquitted, they can get their license back by requesting a hearing with the MVA. At the hearing, they can use the evidence of the acquittal to argue in favor of an immediate end of any driver’s license suspension. It is not automatic, though; the MVA does not have to remove any suspension just because the criminal case resulted into an acquittal. However, the MVA does consider an acquittal as very important and compelling evidence when deciding whether or not to remove driving privileges.

Aggravating Factors for Third-Offense DUIs

There are a few different things that can enhance or aggravate the penalty or a third offense DUI charge. One factor is that if there was an accident while the person was driving under the influence of alcohol, and this collision resulted to property damage or physical injury. An even greater aggravating factor is if there is a collision and the driver kept on driving. A hit and run accident can greatly enhance any potential Maryland third-offense DUI consequences.

Driving with a minor in the vehicle is a significant aggravating factor, so a person who is charged with a third offense of DUI will face enhanced penalties.

How BAC Determines Penalty Enhancements

A person’s blood alcohol content can also enhance the penalty if the person’s blood alcohol is significantly high – especially over a 0.20, which is a two and half times above the legal threshold of 0.08. This can result in significantly enhanced penalties and can even potentially increase the overall penalty of up to a maximum of five years.

Value of a Maryland Third-Offense DUI Attorney

A person facing Maryland third-offense DUI consequences should look for a lawyer with local experience because in Maryland, the penalties for DUI charges and how the cases are prosecuted can vary from county to county and from courthouse to courthouse. Each court of the state has its own way of adjudicating and handling DUI charges because DUIs are a relatively common type of criminal charge. There are patterns and common ways of handling these cases but those patterns vary from county to county.

A local attorney is going to not only have experience with the law, but they are also going to have experience with those local prosecutors and with the local judge and clerks in that courthouse. They are going to be familiar with the local practice and the individuals involved, so they could use that information to develop the most effective strategy in order to get the best outcome for that individual.