Hampton Roads Third Offense DUI Penalties

In Hampton Roads, a third-offense DUI in Virginia is considered a Class 6 felony, punishable by a maximum of five years in prison. If someone has two prior offenses which occurred within ten years of the current offense, the Hampton Roads third offense DUI penalties include a mandatory minimum of 90 days in jail. If the prior two convictions occurred within five years, the penalty would be a mandatory minimum of six months in jail.

When an individual is charged with a third-offense DUI charge and their license is suspended administratively, they have to appeal through the DMV. At that point, given the nature of the case, they are less likely to hear that appeal because it is the third offense. However, an individual does have the opportunity to present evidence with a skilled third offense DUI lawyer to argue why their license should not be suspended.

Understanding the Process Following a Third Offense DUI Arrest

After an individual is charged with a third-offense DUI, they cannot apply for a restricted license. That is only available when the individual’s license has been suspended by the courts. If an individual is acquitted of a DUI, they should receive their license back. At that point, there should be no holds on the license. There is an administrative suspension on a license after a third-offense DUI is charged in Hampton Roads. It is an indefinite suspension while the case is pending.

There are certain administrative penalties that the legislature has set out that go into play whenever someone is charged with a third-offense DUI. These are appealable actions. The individual would go to the DMV to challenge and go to the court for the court process, and accept Hampton Roads third offense DUI penalties administered by the courts.

What Factors are Considered in Third Offense Sentencing?

In Virginia, if someone has a blood alcohol level of 0.15 or higher, that triggers additional mandatory jail time. If it is over 0.20, there is an additional mandatory jail time that would be triggered. If there is evidence that minors were in the vehicle at the time of the DUI, the court may consider that in their treatment of the accused.

Factors that will be considered for third-offense DUIs are:

  • Where was the driving happening?
  • What was the driving behavior?
  • Is there an excessive rate of speed?
  • Was there anybody else in the car or was this an accident case?
  • Were there injuries?

They will look at the individual’s full criminal record. If an individual had a blood alcohol test, and if the individual had a high BAC, that is going to be an aggravating factor.

Working with Legal Counsel to Fight Penalties

Hampton Roads third offense DUI penalties should be taken seriously. When there is mandatory jail time, there are mandatory license suspensions. These are significant charges. These are not charges that an individual would want to take lightly. An experienced lawyer will be able to work with the individual and help them go through the evidence and make the best decisions possible. Otherwise, the individual can end up with serious jail time.