Maryland Third Offense DUI Penalties
Maryland third offense DUI penalties often come with consequences regarding a license. Whether or not someone can apply for a restricted license depends on the reason the MVA suspended that person’s license. If the suspension is based solely on points, then it is possible that the driver may be able to get modified suspensions. A professional Maryland DUI lawyer is a good resource to turn toward if you need guidance on DUIs.
The penalties involving third offense DUIs vary when it comes to license suspension. The MVA might want a period of time where the person’s license is completely suspended. That person would not be able to drive at all for the first part of the suspension. Then there would be an agreement to modify the suspension and allow for a restricted license for the second part of the suspension. Whether or not someone would be able to get a restricted license would also depend on the time frame as to when these prior convictions had taken place. For example, if a person is convicted of a DUI and within five years has another conviction for DUI, then that person could face a suspension for up to one year.
Other Consequences for DUIs
The MVA may allow the person to serve part of their suspension with a complete suspension where the driver could not do any driving whatsoever. Then the second half of the time frame, they may allow for the defendant to participate in the ignition interlock system, where the defendant would be able to drive, but they would have to have an interlock device located in the car. The MVA can choose to suspend a person’s license based on a couple of different reasons.
The MVA can suspend a person’s license based simply on the fact that the defendant has been convicted of a DUI. A suspension could also occur because of an accumulation of points. There is no clear rule as to whether or not someone would be able to apply for a restricted license. There could be multiple issues as to why they lost their privilege to drive and when they may be able to drive again.
Enhanced Penalties or Aggravating Factors
There are enhanced penalties and aggravating factors a person who is facing a third offense DUI charge should know about. The statutes allow for subsequent offender penalties to be imposed on a third DUI. If a person is convicted of a third offense, then their potential maximum sentence is three years in jail and/or a $3,000 fine. It is also important to take into consideration the length of time between the previous convictions.
Previous Convictions and Additional Sentences
If the previous convictions occurred within five years, then the person would face a mandatory minimum incarceration of five days. If a person has three DUI convictions within five years, then the mandatory minimum incarceration is increased to 10 days. Depending on the age of the prior offenses, the enhanced penalty could include an increase in the potential sentence, as well as mandatory minimum days in jail.
Just because the state files a subsequent offender notice and indicates to the court that the defendant is eligible for a three-year sentence, it does not necessarily mean that is the sentence that the judge will impose. For example, if this was the person’s third offense but the two prior offenses were 20 and 10 years ago, then the court is going to look at that differently than if the prior offenses had taken place within the past two or three years.
Minors in the Vehicle
There are separate sentencing enhancements under the law for an individual who is driving under the influence with a minor in the car. If the defendant is convicted of driving under the influence with a minor in the car, then that is a separate offense that carries a maximum penalty of two years incarceration and/or a $2,000 fine. If they are convicted of driving with a minor in the car while they are impaired, then the maximum penalty is a six-month incarceration and/or a $1000 fine.
It is important to understand that this is a separate offense. The defendant can be sentenced and, potentially, receive a jail sentence for the DUI charge. In addition to that, the defendant can receive an additional sentence for driving and having a minor in the car. It is important to understand that a minor is defined as anybody who is under the age of 18.
Hiring an Experienced Lawyer
An experienced lawyer can help a person fight a third offense DUI charge by mitigating or reducing the penalties. Maryland third offense DUI penalties can be harsh. Talk to a skilled and experienced Maryland DUI lawyer today.