Aside from the mandatory minimum penalties a third offense DUI carries, which are a minimum 15 days in jail and up to one year, other factors can increase the mandatory minimum of third offense DUI charges in DC. Aggravating factors like high breath, blood, or urine alcohol content, the presence of certain kinds of drugs in a person’s urine test, and the presence of minors in the vehicle at the time of arrest can result in penalty enhancements. A seasoned third offense DC DUI lawyer give you the legal aid you need to handle a third offense DUI case.
When a person is arrested on a third offense DUI where the two prior offenses were within 15 years of the arrest for a third offense and the person provides a breath sample with a breath alcohol content higher than a 0.20, they face an additional mandatory minimum 20 days of jail. The combination of the mandatory minimum of 15 days for the prior DUI offenses plus the mandatory minimum 20 days for the breath alcohol content means that that person faces a mandatory minimum 35 days of jail time. When a third time offender’s breath alcohol content is higher than a 0.25, they face an additional mandatory minimum of 25 days. The combination of the prior DUI offenses plus the breath alcohol content above a 0.25 makes for a mandatory minimum of 40 days of jail time.
When a person has two prior DUI and has a third offense DUI and they provide a urine sample upon their arrest that shows the presence of a Schedule I drug or other drugs considered to be particularly dangerous, that person faces an additional mandatory minimum 25 days of jail beyond the 15 days required for the prior offenses. Drugs considered to be especially dangerous include cocaine, heroin, and PCP.
When a person faces a third offense DUI and is arrested with minors in the vehicle, they could also receive additional mandatory minimum penalties. When a person has a restrained minor in the vehicle, meaning a minor is wearing a seatbelt or is in an age-appropriate car seat, that person faces an additional mandatory minimum five days of jail per minor. If the minor is not wearing an age-appropriate restraint, the person faces an additional mandatory minimum 10 days per minor.
These penalties are in addition to the mandatory minimum that apply for the prior DUI offenses and a person’s blood alcohol content or the presence of certain drugs in their urine.
One of the most important things for a person facing any kind of DUI charge and especially facing a DUI charge as a repeat offender is that DUIs are different in every single state. Even states as close as Maryland and Virginia have different DUI laws. The standards for conviction can be different, the minimum and maximum penalties can be different, and even the procedures for dealing with prosecutors and judges can be different.
Understanding DC procedures, DC laws, and DC legal requirements is one of the most important aspects of DC DUI representation. Because of the seriousness of the penalties for someone facing a third offense DUI, having a lawyer with that level of knowledge on their side can make all the difference. It is essential to have an attorney who knows the Office of the Attorney General that prosecutes these cases, understands what they look for, how they prosecute the cases, and what kind of evidence they seek to admit. A defense lawyer can use every tool in their arsenal including procedural requirements, trial strategies, and mitigating factors to minimize the penalties and defend the person best against these kinds of serious charges.
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