Third DUI Penalties Are Much Tougher
If you were arrested for a third DUI then you have been through this scenario before. You know the penalties get stiffer for repeat DUI offenders, and you probably can guess that a third DUI conviction is going to be much tougher than your first DUI or second DUI. Some states will raise a third offense DUI to a DUI felony because of your prior convictions. You may have retained the same DUI lawyer for your prior DUIs, or your DUI convictions occurred in different states and you had to hire a different DUI attorney.
Since you are visiting this site you must be looking for a highly-respected DWI lawyer who specializes in repeat DUI offender cases. You have come to the right place. Each of our select DUI attorneys have represented hundreds if not thousands of repeat DUI offenders, and our drunk driving attorneys know how to minimize the penalties in what may seem like a hopeless case for you.
Third DUI Defenses
Court rules may allow a prosecutor to file a motion to request to use “prior acts” evidence to be used against you at your third DUI trial. In some states and in some courts, prosecutors may be able to admit some or all of your prior DUI-DWI arrests or other criminal convictions as part of the third DUI trial evidence.
Prior DUI-DWI arrests can be devastating evidence for a jury to hear at trial.
Usually in a court of law the accusation for each crime stands by itself, with the theory being that just because you robbed a store 3 years ago does not mean you committed the robbery for which you currently stand accused. Introduction of such information is typically considered too inflammatory to be allowed into evidence. However, the prosecution may be allowed to introduce evidence of your prior “similar” acts in your current DUI-DWI trial.
An experienced DUI trial attorney will know the available methods to block “prior acts” evidence from coming into your possible DUI felony trial. Common challenges that may be asserted by your DUI lawyer include:
- Any probative value of this evidence is far outweighed by its prejudicial harm.
- The prior DUI convictions are so old that the third DUI offense is not truly similar or connected in any way.
- The circumstances of each DUI are so completely different that the State cannot, in good faith, claim that proof of the prior DUI sheds any light on the likelihood that the newest DUI offense was committed.
Copyright 2015. William C. Head. All Rights Reserved.