Third Time DUI Offense

In any state of the US, DUI is a serious felony. Each state has their own corresponding laws that govern these kinds of situation.

In some States, a third time DUI offense is a class 2 felony. First time and second time offense convictions are considered as two priors even if the probations and consequences had been faithfully complied with. Third offense is punishable with 3-7 years of imprisonment. But depending n the case and the court’s decision, the offense can be open to probation. The offender can be ruled under probation and not jail. This probation can be up to 48 months or 4 years.

However, if the offender is convicted by court on probation, a sentence to jail is sure to come after. This is because there is no escaping jail for a third offense of a crime. Some countries could allow probationary convictions and no jail on the first and second offense but no country will allow no jail for the third offense. So, even if you were granted a probationary conviction, you definitely cannot escape imprisonment. But the jail period would only be up to 180 days with at least 5% community service. Work release could also be requested from the judge. If the release is approved, it has to be available and done in the county jail first.

Offenders usually offer bonds to be out of jail. These bonds range from $3,000 – $15,000 minimum. This bond can be used to pay lawyer services. And in order for the lawyer to receive the bond money, they have to bring the case to an end. But in Will and McHenry counties, the court does not allow the bonds to serve as payment for the lawyer’s representation.

A way to defend a third offense charge easily is to refuse and field sobriety testing and chemical testing However, if it is demanded by a jury as evidence, a guilty verdict could be the result.

Penalties for DUI Charges

It is often said that, “ignorantia legis neminem excusat” or ignorance of the law excuses no one. Driving under influence is a serious offense in the United States. Hence, it is proper that citizens would be aware of the penalties just in case they would be charge or rather to avoid the charge.

Implied Consent (Refusal to submit to Blood Alcohol Test)

Driver’s license will be revoked for 1 year for the first offense; 2 years for the second offense; 2 years if the car crashed resulting to body injury; and 5 years if the crash resulted in death. Subsequent penalties for the crash resulting to body injuries or death are covered under the Most Aggravated Drunk Driving Law.

First Time DUI Offender

Aside from 1 year revocation of license, the offender may be put to jail for 7 days at the minimum if the BAC I .20 or greater. Furthermore, if the driver has caused damage to another, he has to pay restitution to the injured person or the person who suffered from personal loss.

Second Time DUI Offender

The offender has to pay a mandatory fine of $600-3,500 and has to stay in jail for a minimum of 29 days to a maximum of 45 days to 11 months. License will be revoked for 2 years.

Third Time DUI Offender

The offender will spend a minimum of 29 days to 120 days to 11months maximum in jail. Also, He has to pay $1,100 to $10,000 mandatory fine.

Fourth Time DUI Offender

Offender’s car would be subject to seizure/forfeit. His license would also be revoked for 5 years with no restricted license available. He must pay $3,000 to $15,000 mandatory fees and spend 1 year in jail and must serve 150 consecutive days

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Above all, offender’s are subject to a hearing where a judge would decide the appropriate penalty suitable for their case.