Group Picture of The Law Offices of Mark Sherman, LLC

Aggravating Factors for a Third Offense DUI in Stamford

The penalty enhancements for a third offense DUI in Stamford are that a person is looking at substantially more time in jail than they would for a first or second offense. Many times, the judge will have the ability to suspend the person’s sentence, however, for a third-time offender, the person is looking at a lot of mandatory jail time.

If you are facing third offense DUI charges in Stamford and are concerned about any aggravating factors that may exist, consult with an experienced Stamford DUI lawyer as soon as possible.

Blood Alcohol Content

Blood alcohol content does not change an individual’s penalty enhancements, but the higher the blood alcohol content, the harder time an individual is going to have coming to a resolution with a prosecutor without going to trial.

Minors in the Vehicle

If there are minors in the vehicle, the person will almost certainly be charged with what is called a risk of injury to a minor, which is a separate charge, but it is something that the judge takes seriously.

Connecticut recently passed a new law that specifically covers when a person is driving with minors in a vehicle. These individuals are not eligible for certain programs, and there is a mandatory minimum jail time associated with such aggravating factors. Connecticut takes that issue seriously and has specific laws about it.

Being Charged on Probation

For a person charged with a DUI while on probation, they have two separate cases that are going on. One is the DUI, and the other will most likely be violation of the person’s probation, which means if they owe any time to the Department of Corrections, then they are going to have to serve that time in addition to having to deal with their DUI. Most of the time, just the arrest itself can violate probation.

When a person is on probation for a DUI charge already and they get a new DUI charge, the individual will most likely have to deal with them together. The person is going to have to deal with their violation of probation and the new DUI together. In addition to most likely going to jail for the first charge, the prosecutors would want to add additional jail time for the second charge as part of an aggravating factor for a third-offense DUI.

Probation can make this new DUI case much more difficult to deal with because it is much easier for a prosecutor to prove violation of probation than it is for them to prove a DUI. It makes the DUI much harder to defend as the person can just deal with it on its own.

It is possible that the person can have their probation extended if they violate their existing probation, but if they get a second DUI when they are already on DUI for probation, that is probably not an option they are going to be able to get.

If the person is on probation for the first case and they are acquitted for the second case, then their probation will continue on the first case.

Conditions of Probation

Typical conditions of probation include community service, not drinking, alcohol treatment,  fines due by the end of probation, and following any orders a probationary officer gives the person including curfew and use of an ignition interlock device. Those are all typical conditions.

A DUI probation is always a serious matter because there is a high likelihood that a person is going to be spending time in jail from their violation of probation. If DUI is violating probation for another DUI, then the prosecution is going to take it seriously and will be able to put the person in jail.

Potential Penalties

When facing potential aggravating factors associated with a third-offense DUI in Stamford, a person is looking at the penalties for the DUI itself. Also, when a person is on probation for the first DUI, they will usually owe jail time so they may possibly serve that jail time as well.

Benefit of Local Representation

Local experience is important when it comes to defending against the aggravating factors associated with a DUI charge in Stamford. Attorneys that have a lot of experience in Stamford courts know their way around the system, the prosecutors, the clerks, and are familiar with the judges. They can more seamlessly guide a person through the process.

Such attorneys know what these prosecutors are looking for and how to help the person put their best foot forward when defending against any aggravating factors associated with their third offense DUI charge.