What will happen to me if I am getting charged with a third DUI?

Question

I already have 2 duis and I am going to get charged of another one. What will happen to me?

Michael Palumbo · Answer

You need counsel ASAP, as you cannot possibly be helped by a thumbnail sketch of how much trouble you are in.

Jacob P. Sartz · Answer

You could be charged with a felony, if it is an OUI third, in Michigan. Ultimately, your arraigning judge will advise you of your charges and their maximum possible penalties. I'd recommend you hire a lawyer or request a court-appointed attorney.

Craig Elhart · Answer

In Michigan, a 3rd DUI is a felony that carries upto 5 years. Your license will be revoked. You need an attorney.

John R. McNeal · Answer

3rd. DUI's are felonies in MS.  A conviction will result in a sentence  of  up to 5 years in the state prison, a stiff fine and severe restrictions of your drivers license.

Michael Harvath · Answer

A third DUI is serious, and the penalty, if you are convicted, and do not have an attorney working with the prosecutor on a plea agreement, can involve jail time, and a possible complete revocation of your driving privileges for as long as ten years. Attorneys can typically work with the local prosecuting attorney and we can negotiate to keep you from receiving the full force of the law on your charge and to keep you from receiving significant jail time. In order to determine the likelihood of working out an agreement that would keep you out of jail and potentially keep your driving privileges intact, it would also be necessary to know how long ago you received your 1st and 2ns DUIs, and also, what type of penalty you received for those charges. Thanks.

Gregory Casale · Answer

As you know, a 2nd offense has the potential of jail time in real life application and it is only through the "alternative sentence" that a 2 week in-patient treatment is allowed as an alternative to committed jail time. Therefore, if you plead or are found guilty on a 3rd offense you are likely going to jail. If you have a good attorney you may be able to either beat the charge or at least stay out of jail under some circumstances. Many factors will play in such as when you received the 1st and 2nd offenses, what court you are in, the judge, the ADA and the lawyer who represents you. Get a good lawyer.

Michael J. Breczinski · Answer

It is a felony It carries up to 5 years and at least 30 days in jail (at a minimum) your license will be REVOKED not just suspended there will be fines etc. You need a good attorney.

Theodore Hess · Answer

If you are convicted of a third DUI in Colorado, you will receive a minimum mandatory jail sentence of 60 days, no earned time, no good time, no trusty status, no work release, no in home detention.   You could also get up to one year in jail.  You will have a one year jail sentence suspended as well. You will receive a fine of $600 to $1,000 and 48 to 120 hours of community service.

Theresa Suzanne Hofmeister · Answer

You need an attorney experienced in such matters. If they were all within the last 10 years, it will count as a Third Offense. If the first was more than 10 years ago, it may count as a second. If you cannot afford an attorney, you can apply to have one appointed for you on the date of your arraignment (first court date.)

John Toivonen · Answer

If it is possible to win the case it will be the best result. If convicted, get ready to serve some time. A third offense is a felony and can result in up to 5 years imprisonment. The minimum time that a convicted person will serve is 30 days. Furthermore, you can lose your license for up to 5 years, and you must pay a Driver Responsibility Fee of $1,000 for 2 years. Hiring a lawyer can give you a fighting chance of winning your case, or at least avoiding a lengthy sentence.

Gary Moore · Answer

The worst that CAN happen to you is that you lose your license for ten years and get sentenced to 180 days in jail.

Timothy Klisz · Answer

Felony charge and certain jail time as well as License revocation. Very serious matter.

Dennis Roberts · Answer

Damn good chance you will either get a year in county at a MINIMUM - maybe  worse. STOP DRINKING BEFORE YOU KILL SOMEONE, YOURSELF INCLUDED.

Terry Nelson · Answer

Serious potential for jail time in addition to loss of license, fines, etc. Did you think otherwise?    Of course you can fight the charges.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?   Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right.  Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.   A little free advice that you should already know:   When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension [or revocation] of your license imposed by DMV.  That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.  If you don't know how to do these things effectively, then hire an attorney that does.

Eric Sterkenburg · Answer

THIRD OFFENSE DUI (2 PRIORS WITHIN 10 YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 120 days minimum mandatory jail and up to one year jail maximum may be imposed. In Orange County , the jail sentence typically averages between 180 and 270 days. COURT FINES: Minimum $390.00 fine to maximum of $1000.00 Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00 . DUI SCHOOL : Attendance at 18-month or 30-month Multiple Offender Program (FOP) required COURT MAY ALSO ORDER: Impound Vehicle up to 90-days if owned by defendant Ignition Interlock Device for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal/Forced Blood Mandatory additional 10-days Jail Passenger in Vehicle Under Age 14 Mandatory additional 30-days Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway Mandatory additional 60-days Jail.

Howard Snader · Answer

If convicted of the Aggravated DUI, the mandatory MINIMUM sentence is probation WITH 4 months in the Department of Corrections.  If the court were to reject probation, you could receive a prison term not exceeding 3.75 years.  In addition, you will have the mandatory fines, counseling and MVD restrictions.

Michael Clinton · Answer

First you will be subject to Sanctions that will be imposed by the  Department of Licensing.  This is a little complicated.  Here's the  latest information from DOL: http://www.dol.wa.gov/forms/500015.pdf  This will likely result in an administrative suspension of your license  unless you choose to seek a hearing before DOL.  An alternative is to  voluntarily install an Ignition Interlock Device on your vehicle and  apply for an Ignition Interlock License.  This will generally allow you  to keep driving.  There are some exceptions that your attorney can tell  you about.  You should anticipate serious problems in the court room.  You may want  to have someone who is prepared to post bail for you at your first court  hearing. Judges will often order you taken into custody unless you post  bail right then and there.  Next the judge MUST sentence you to certain mandatory minimums if this  is your third offense in 7 years.  Keep in mind, the judge has the  discretion to impose the maximum penalties allowed by law, even if your  prior offenses occurred outside of the 7 year window.  Here are the minimum and maximum penalties the judge can impose:  Blood Alcohol of less than 0.15 (no refusal of BAC):  Jail:   Minimum 90 days.   Maximum 364 days Electronic Home monitoring:   120 days after jail term served. Fine:  $1070.50 minimum.  $5000.00 maximum License Revocation:  3 years upon conviction of third DUI Ignition interlock:  May be ordered by the court  you pay for all  associated expenses Probation:  5 years maximum Education / Treatment:  Judge may order you into a chemical dependency  evaluation; order you to complete treatment recommended for you; and you  may be ordered to attend a DUI victim impact panel.  Blood Alcohol greater than 0.15 (or refusal of BAC):* *  Jail:   Minimum 120 days.  Maximum 364 days. Electronic Home monitoring:   150 days after jail term served. Fine:  $2820.50 minimum.  $5000.00 maximum License Revocation:  4 year revocation plus fees and high risk insurance Ignition interlock:  May apply to DOL for an ignition interlock drivers  license ($100.00), obtain a ignition interlock device; install this  device (IID) in your personal vehicle and maintain this device in your  vehicle for a minimum of one year (could be much longer).   Again, you  pay for all associated expenses. Probation:  5 years maximum Education / Treatment:  IIRC, you will be required to participate in a  chemical dependency evaluation; you will be required to complete  treatment recommended for you; and you will probably be required to  attend a DUI victim impact panel.  These penalties are laid out on the sentencing grid used by the judge: http://www.courts.wa.gov/newsinfo/content/duigrid/DUIGrid.pdf  If you hold a commercial drivers license (CDL), you may lose that  license forever. http://www.dol.wa.gov/driverslicense/cdlsusbac04.html  If you hold a maritime license, very likely that license will be  adversely affected.

Patrick Kershisnik · Answer

A third time DUI, within 10 years,is a felony.  You can be sentenced to the state penitentiary for a maximum of 10 years.  If the judge decides not to send you to prison you will receive a mandatory minimum of 30 days in the county jail, the first 48 hours of which must be consecutive.  In addition, of that 30 day sentence, 10 of those days must be served in the jail, as opposed to work detail or other alternative sentencing.  You can also be fined up to $5,000.  You will also have your driver's license suspended for a mandatory minimum of 1 year, although the judge can impose up to a five year suspension.  The suspension begins once you are released from jail or prison.  This is an absolute suspension so you may not have any restricted driving privileges.  In addition, once you can drive again, you will be required to drive with a functioning ignition interlock device.

Michael Maltby · Answer

You are facing up to 364 days in jail and that is a real possibility.  You need to get an attorney and I mean now.  Good luck.

Michael Garber · Answer

It depends on whether you're actually charged with 3rd offense. You could be charged with 2nd offense or might be able to plead to 2nd offense. 3rd offense is a felony. You face a fine up to $2,000, up to 5 years in prison, possible seizure of your vehicle and more.

Jeffrey Pollock · Answer

With this little info, unless you get amazing legal counsel, 90 Days  of  Jail + long License Suspension & Probation + Fines.

Matthew Sharp · Answer

You will be charged with felony dwi.

David Coughlin · Answer

Getting charged and getting convicted at trial are two very different things. You need to consult a lawyer.

Leonard A. Kaanta · Answer

A third DUI is a felony with  a fine of $500-$5,000 and eithr one of the following 1-5 years in prison or probation with30 days to 1 year in jail and 60-180 days of community service. You need a lawyer.

Ronnie Vargas · Answer

You will have to do mandatory jail time if you are convicted for a 3rd OWI depending  on the circumstances of your present case. Other factors include how far apart timewise are the 3 incidents of DUI, your BAC level at the time of arrest, did you successfully complete prior treatment. There are other factors but but that would only surface with detailed lreview of the police report and any field sobriety tests that were adminstered.

Gregory Crain · Answer

If convicted, fine, jail and a long license suspension.

Mark R. Thiessen · Answer

It's a felony on your 3rd DWI.  Possible 2-10 years in prison and a $10k fine.

Jeff Yeh · Answer

If you are convicted of it, the minimum is 120 days in jail, 18 month alcohol program, and a 3 year license suspension.  Contact a DUI specialist to explore alternatives to pleading guilty.

Jason Savela · Answer

3rd DUI means:  depends on jurisdiction, but most judges will be looking at 6-12 months in jail or work release etc.   DMV can revoke your license for life, but usually they will give you some form of license after a year with an interlock  if high numbers or accident, it aggravates the situation if priors are recent, worse if children in car, worse  do not lie to police or court, but you do not have to admit to anything either.

Stephen Freeborn · Answer

You have some real problems.  If you have not had a deferred prosecution, I strongly recommend you doing one.   If you are otherwise convicted, you are looking at probably a  minimum of 4 months in jail; loss of license for probably 5 years, ignition interlock for at minimum 1 year, fines of $3500.00 or more, extensive drug/alcohol counseling and probably some in-patient, SR22 insurance for your car.. if you are even eligible.  You are in a world of hurt.  You need to hire an attorney.

Aaron Goldsmith · Answer

You may likely face jail time, depending upon how old the prior convictions are.  You need to hire an experienced criminal defense attorney to help you.

Matthew Kober · Answer

A third DUI is a 3rd Degree Felony.  There are some mandatory penalties but also some drug court alternatives in certain situations.  Sentencing has wide ranges of outcomes based on prior history and length of time since last DUI.

Ruth Emily Vogel · Answer

Well, you will have three options:  1)enter into a deferred prosecution  2) take the case to trial and try to beat the charge  3)plead guilty and get sentenced.  A third conviction within seven years puts you in a high mandatory sentencing range.  You also need to consider the effect on your driver's license.

Steven D. Dunnings · Answer

A third offense is a felony. You better hire an attorney.

Cynthia Henley · Answer

It can be charged as a felony. There is no way to predict the outcome but you will need a good lawyer who can advise you how best to handle the situation, including the possibility of getting yourself into a treatment facility.

Bernard Jones · Answer

You should contact a lawyer directly immediately. For any second or subsequent conviction of any person under this section, the person shall also be subject to the penalties set forth in Section 63-11-31. (c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($ 2,000.00) nor more than Five Thousand Dollars ($ 5,000.00), shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; provided, however, that for any such offense which does not result in serious injury or death to any person, any sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. The law enforcement agency shall seize the vehicle operated by any person charged with a third or subsequent violation of subsection (1) of this section, if such convicted person was driving the vehicle at the time the offense was committed. Such vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53. Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for five (5) years. The suspension of a commercial driver's license shall be governed by Section 63-1-83.

Tara Adolph · Answer

Your third OWI in Wisconsin is a misdemeanor charge.  What will happen to you as far as sentencing will vary depending on who the judge is, what the circumstances were, and whether there were any enhancers.

Aaron J. Boria · Answer

Jail. And a felony.

Kevin Ellmann · Answer

Unless you get good representation from an experienced DUI defense attorney, you are likely going to jail for a lengthy stretch.  But I am curious, how do you know you are "going to get charged with a DUI".  Most DUI cases are based upon immediate arrests and charges.  Seems weird to me that you are anticipating a charge.

James Smith · Answer

A 3rd one in 7 years is a felony with a minumum of 1 year in prison.

Jared Winter · Answer

No one can tell you how your case is going to turn out.  But if convicted, the minimum amount of jail time for a 3rd DUI is 120 days.  You need an experienced DUI lawyer.

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