DUI stands for driving under the influence, which means that the driver is driving the car under alcohol. The term driving under the influence varies from state to state and country to country. In some countries, it is called driving while intoxicated; in others, it is called operating under the influence. In this article by Your Life Cafe, we’ll talk about how to avoid jail time for 3rd DUI.
It is a type of criminal offense for which an individual needs to face mild to severe charges and penalties. You will get lenient charges when you commit this mistake for the first time, but you might go to jail a third time.
Things We Face While Convicted Of DUI
DUI is considered an illegal offense no matter in which state you are, and as a result, you will face many consequences. In this section, we make a list of the consequences you will face in this situation, which are as follows:
- You Will Be Charged a Hefty Fine
If you are convicted of DUI, you will be asked to pay a hefty fine and some court fees. The fine charge can range from $500 to $2000, and if the alcohol level is the highest, the charge increases. In addition, there may be a possibility that you will have to spend time in jail or do some form of service.
- Your License Will Be Suspended
It is another consequence we might face when driving under the influence of something prohibited. If you are in a foreign country, having a driving license is a privilege, as the driving test in foreign countries is tough. But once your license is suspended in the case of a DUI, you are not allowed to drive during that time. And if you want to get your license back, you must undergo defense license training again.
- You Will Undergo a Test for the Detection of Alcohol or Any Controlled Substance
If we talk about the laws of many states, then there are times when you have to undergo these types of tests. In this case, the police will ask you to breathe into the breathalyzer to check the level of alcohol. And in some states, police will ask you to undergo a blood test in which they will identify drugs. After that, you must undergo an alcohol or drug treatment program in the presence of officials.
- You Will Have to Wear an Interlock Device
Specific rules in particular states will ask you to install an interlock device in your vehicle. You have to pay for the device, its installation charge, and its maintenance charge.
Problems Faced At the Time of 3rd Conviction for DUI
The above-discussed factors are less severe than the jail charges you will face if you are convicted 3rd time. It is considered an illegal offense, and you will be charged with a class 2 felony. So, the problems that we will encounter in the case of a third-time conviction are as follows:
- If You Are Under Probation
In the case of probation, you will have to spend at least ten days in jail or undergo 480 hours of service.
- If the Level of Alcohol in the Blood Is High
If the level of alcohol in your blood is either 0.16 or more, then in that case, you have to serve a minimum of 90 days in jail.
- If Factors of Crime Are Aggravating
In case the level of charge under DUI is exasperating, you have to spend a maximum of 3 to 7 years in jail. And this will increase to 7 to 14 years if more aggravating charges are found against you.
- A Heavy Fine Is Imposed On Conviction
If you are convicted a third time under DUI, we will charge a hefty fine, which is divided into three categories:
- If your blood alcohol level is 0.16, you will be charged $2500.
- If you are driving with a child under the age of 16, then in that case, you will be charged a minimum of $25,000.
- And in another case, you will be charged a maximum of $25000 and suspension of license for 10 years.
How to Get Away with a Conviction for DUI?
If you are not a regular drinker and do not want to undergo any of the problems discussed above, In that case, you need to think of ways to avoid the conviction, which are as follows:
- To Challenge the Case Against You
As we studied, if you are convicted for the third time in the case, you must face a compulsory jail term. So give it a shot and fight the case against you; there might be a chance you will win. We have found specific points that are in our favor, like improper evidence handling. However, it also includes defective instrument usage and poor law testimony during the test.
- You Can Research the Bargain Options
You may find a bargain option that will reduce your jail term or convert it into another punishment. However, it will only work if your first and second convictions are old or were done in some other state. The government won’t have the evidence to showcase in front of an attorney, so your sentence will be reduced. But in Massachusetts, there is no bargain available, so you have to study the states’ laws.
- You Can Take Help from the Cahill Disposition Case
There was a case in 2004 in which the court had to treat the second conviction as the first official conviction. The reason was that the conviction was made more than ten years after the first conviction. In that case, you can ask your lawyer to investigate the matter of the DUI from ten years ago. There is a chance that he will find any case like yours in the old file option. As a result, there are chances that your conviction will be converted into a second conviction.
- You Are Advised to Have a Legal Session Immediately
The final option is to reduce your jail term to something less severe for your conviction. You and your attorney will try to persuade the judge that this won’t happen again. And ask to convert your third DUI conviction to a second DUI conviction.
DUI is a terminology used when driving under the influence of alcohol or any controlled substance. This article explained what we would face when we are found for the third time under the influence of something.
From this, we know that we can convert the jail term if we have a strong attorney. In some countries, we face the social service penalty, and in some, our license will be canceled. Still, we advise avoiding driving any transportation under the influence of something and not risking your life.