Third Offense DUI Attorney in Delaware
If you or a family member have been arrested and charged with Third Offense DUI in Delaware, please call or email me as soon as possible for a free consultation.
Third Offense Driving While Intoxicated in Delaware is a Class G Felony. If convicted, you will lose your right to vote, to hold public office, to own or possess a firearm. To make matters worse, you will likely have to disclose the felony conviction on job applications.
Mandatory prison sentences. If convicted of DWI 3rd Offense, you can expect a prison sentence. The DUI statute, 21 Del.C. § 4177(d)(3), provides a penalty of one year to two years in jail. It states that the first three months must be served at Level 5 (in prison, not in a program or on home confinement). It states, “the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind.” A third offense DWI also carries a fine of $1,500 to $5,000.
In third offense DUI cases, we often recommend alcohol treatment as soon as possible. For a list of approved DUI treatment programs and counselors, please call for a free consultation.
It is very important in a felony DUI case that you retain counsel as quickly as possible. A felony DUI case does not follow the same path through the courts as a misdemeanor first or second offense DUI case. A felony case will result in a preliminary hearing or probable cause hearing in the Court of Common Pleas usually within the first week or two after arrest. It is IMPERATIVE that you retain a qualified DUI defense attorney with felony criminal trial experience to represent you at this hearing. There are things you need to do at the preliminary hearing stage, such as determine whether you will have your hearing or waive your hearing. If you have the hearing, then you must have competent representation to PRESERVE AND CHALLENGE THE EVIDENCE.
Please call me or email me about your DUI 3rd offense arrest.
Third Offense DUI Attorney in Delaware
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