Third DUI Offense Attorney in Virginia

Facing a third DUI offense can be an overwhelming and daunting experience, with serious consequences that can impact your life for years to come. Virginia is tough on DUI convictions and a repeated arrest is a difficult situation to face.

The stakes are high, as a third conviction in Virginia is classified as a Class 6 felony. A conviction can result in significant fines, mandatory jail time, and indefinite license revocation. However, you don’t have to navigate this challenging situation alone. With the right legal representation, you can explore all potential defenses and strategies to protect your rights and future.

Our dedicated DUI defense lawyers will work tirelessly to build a robust case on your behalf, helping you understand your options and assisting you in making informed decisions.

Why Work With Montagna Law Defense Attorneys

Clients often choose the Montagna Law defense attorneys to represent them in DUI and other traffic-related cases because of our unmatched defensive services. Our attorneys have been providing defensive legal services in the Hampton Roads area since 1993. To date, we have represented more than 4,500 DUI, reckless driving, and traffic cases.

When you choose our firm to represent you, you can count on us to hear your side of the story, advocate on your behalf, and provide transparency. Our caring attorneys place high value on the attorney-client relationship and will provide consistent communication about your case.

Our Results

• Client, a naval officer, charged with DUI and refusal: Both charges dismissed
• DUI second offense: Client guilty of DUI first offense, no active jail time
• Client charged with DUI first offense and DUI second offense on same day and in front of same judge: Both charges dismissed
• Client charged with DUI first offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in jail: All jail time suspended.
• DUI with a B.A.C. of .24: Dismissed
• DUI and refusal: Refusal nolle prosequi (dismissed without prejudice), DUI amended to reckless driving
• Client charged with DUI (drugs): Guilty of reckless driving
• Client charged with DUI: Guilty of reckless driving
• Client charged with DUI, refusal, and revoked operator’s license: Dismissed
• Client charged with DUI and refusal: Client plead to reckless driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (refusal charge dismissed)

Testimonials

“Went into court with a DUI, refusal charge, and driving on suspended 3rd offense. Mr. Montagna let me know exactly what he was doing and what the possibilities were every step of the way. He offered competitive prices and did not sell me a dream. Being straight forward with me gave me the opportunity to make informed decisions throughout the case. Thanks to Mr. Montagna I had all three of my charges DISMISSED. The staff from the time I walked in the door was amazing and made me feel welcomed. Thank you again to Mr. Montagna and staff for everything!” – B.C.

“Mr. Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr. Montagna a call back.” – Steven E.

“I have a underwhelming driving history, Mr. Montagna was able to work with me in a reasonable manner to get my reckless driving reduced with NO JAIL TIME or Misdemeanor on my record. I am extremely grateful for him representing me! If you are looking for a lawyer that will make an impression and someone who will work with your unsatisfactory driving history, look nowhere else!” – Erin N.

“Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended.” – Cindy W.

“Mr. Montagna is hands down the best at what he does, having been charged with a class 1 misdemeanor he was able to get the best possible outcome from it as well as reducing a speeding ticket down to an improper equipment charge the next day. That same day i had the chance to see from a 3rd person perspective what he is able to do in a different situation for another person and after it concluded it was safe to say that going with him WILL be ending with the best result in accordance with your own end of the bargain held up (driving certificates, community service, etc). Overall a very professional, intelligent, reputable attorney.” – Natanael T.

“Anthony’s great advise led to a great outcome. Many thanks for guiding me through the process.” – Andy S.

What Are the Penalties for a Third DUI Offense in Virginia?

Penalties for a Third DUI within Five Years

The Commonwealth of Virginia is tough on first-offense DUIs and, with each subsequent charge, the penalties increase. If you are convicted of DUI for the third time within five years, you face:

• Mandatory minimum jail time of six months
• A potential prison sentence of one to five years
• Mandatory fine of $1,000; up to $2,500 possible
• Indefinite revocation of license/driving privileges

Additionally, the installation of an ignition interlock device is required upon reinstatement of driving privileges after a designated period of time.

Penalties for a Third DUI within 10 Years

Individuals who are charged and convicted of a third DUI within 10 years will face:

• Mandatory minimum jail time of 90 days
• A potential prison sentence of one to five years
• Mandatory fine of $1,000; up to $2,500 possible
• Indefinite revocation of driving privileges

Additional Consequences

• Felony record: A third DUI conviction will result in a felony record, affecting employment and housing opportunities.
• Vehicle forfeiture: The court may order the seizure and forfeiture of the vehicle involved in the offense.
• Waiting period for license reinstatement: After a third offense, individuals must wait at least three years before applying for a restricted license and five years for full restoration of driving privileges.

Restricted Driving Privileges After a Third DUI in Virginia

An individual found guilty of a DUI in Virginia can petition to obtain limited driving privileges. To do so, the person must present documentation to the court that they have made significant life changes. If approved, the driver may be permitted to drive to and from:

• Work
• Alcohol safety program meetings
• Doctor and other medical appointments
• Child visitation
• Attend college or other higher learning classes

It is important to know that obtaining restricted driving privileges is not even a possibility until after three years have passed.

Ignition Interlock Devices For Third DUI

Ignition interlock devices (IIDs) are mandated as a penalty after multiple DUI infractions.

• Ignition interlock devices must remain installed for a minimum of six months to three years, depending on the case’s specifics.
• Driver is responsible for all costs associated with the installation and maintenance of the IID, which can add a significant financial burden following a DUI conviction.
• If tampering with the ignition interlock device or attempts to circumvent its functionality occur, this is considered to be a crime in Virginia (and can result in additional charges).
• Failed breath tests are logged and reported.

Any infractions can result in further driving restrictions.

Can a Third DUI in Virginia Be Reduced to a Lesser Charge?

In Virginia, a third DUI charge can potentially be reduced to a lesser offense, like reckless driving, but this is usually more challenging for repeat offenders than it is for first-time offenses.

A skilled criminal defense attorney can negotiate a plea bargain, but the success of achieving a reduction depends on factors such as the specifics of the case, including:

• The defendant’s prior record
• Circumstances of the arrest

A skilled attorney can potentially use the following factors when constructing a defense:

• Demonstrate weaknesses in the prosecution’s evidence
• Use the presence of a clean driving record
• Show no prior criminal history
• Argue lower blood alcohol concentration (BAC) for a lesser charge

However, with multiple DUI offenses, prosecutors may be less willing to negotiate due to the seriousness of repeat offenses. Strong legal representation is crucial for successfully persuading the prosecutor.

Can You Appeal Your Third Offense DUI in Virginia?

Yes, individuals can appeal their third DUI conviction in Virginia. The process begins by filing a Notice of Appeal within 10 days of the conviction in the General District Court, which allows for a new trial in the Circuit Court. The court costs for filing an appeal are generally under $100, and there is no fee if the appeal is withdrawn before the deadline.

During the appeal process, any penalties associated with the DUI conviction, such as fines or jail time, are temporarily stayed. This provides the opportunity to challenge the original trial’s proceedings, including potential errors like improper evidence admission or lack of legal representation.

Given the complexities of appealing a DUI conviction, it is advisable for individuals to consult with an experienced DUI defense attorney who can navigate the process and build a strong case for their appeal.

How Our Virginia DUI Defense Attorneys Can Help You With a Third Offense DUI Charge

In this section, inform the readers that a Virginia DUI defense attorney can provide invaluable assistance to individuals facing third-offense DUI charges by:

• Challenging evidence: An experienced attorney will meticulously review the evidence against the defendant, including police reports, field sobriety test results, and chemical test outcomes. They can identify procedural errors or violations of rights that may weaken the prosecution’s case.
• Negotiating plea deals: A knowledgeable attorney can negotiate with prosecutors to seek reduced charges or lesser penalties. If there are weaknesses in the prosecution’s case, they may be willing to accept a plea to a lesser offense, such as reckless driving.
• Developing a strong defense: The attorney will tailor a defense strategy based on the specifics of the case. This may involve gathering evidence, interviewing witnesses, and presenting arguments that highlight inconsistencies in the prosecution’s claims.
• Navigating legal procedures: Understanding court procedures is vital in DUI cases. An attorney will guide defendants through each step of the legal process.

Potential Defenses We Can Build For Your Third DUI Offense Case

When facing a third DUI offense in Virginia, several potential defenses can be employed to challenge the charges. A skilled DUI defense attorney can utilize these strategies to seek a favorable outcome for the defendant.

• Lack of reasonable suspicion: If the police officer did not have reasonable suspicion to stop the vehicle, any evidence obtained during that stop may be deemed inadmissible. This could lead to the dismissal of the charges.
• Lack of probable cause: Similar to reasonable suspicion, if there was no probable cause for the arrest, the DUI charges may be thrown out. The defense can argue that the officer’s observations did not justify the arrest.
• Challenging field sobriety tests: Field sobriety tests are often subjective and can be influenced by various factors unrelated to impairment, such as medical conditions or environmental factors. If these tests were improperly administered or interpreted, their results can be contested.
• Contesting chemical test results: The validity of breath or blood tests can be challenged on grounds such as improper administration or maintenance of testing equipment. If the tests were not conducted according to legal protocols, their results may be inadmissible.
• Proving prior convictions are invalid: In third-offense cases, the prosecution must prove that previous DUI convictions are valid and relevant under Virginia law. If prior convictions stem from statutes that differ significantly from Virginia’s DUI laws, they may not count against the defendant.
• Appealing procedural errors: If there were errors in how the case was handled—such as improper jury instructions or evidentiary rulings—these could form the basis for an appeal after conviction.
• Mitigating circumstances: Presenting evidence of mitigating circumstances, such as participation in rehabilitation programs or community service, can influence sentencing outcomes and potentially lead to reduced penalties.
• Delay tactics: Sometimes, delaying the trial can result in key witnesses being unavailable or evidence becoming less reliable, potentially leading to dropped charges.

Don’t Let a Third DUI Offense Charge Define Your Future

Virginia is tough on drunk driving, and DUI penalties can be stiff. Receiving a third DUI/DWI offense charge can be a frightening prospect to face. If you have prior DUI convictions in Virginia, you face potential hefty penalties including a felony conviction on your criminal record, fines, jail time, and a driver’s license revocation. This can have long-lasting repercussions for your life, including impacts on your job, finances, relationships, and reputation.

Being a convicted felon and losing the ability to drive a motor vehicle can cause serious disruption in your daily routine. Having a strong legal advocate by your side in a DUI arrest case can make a big difference. The experienced Virginia DUI lawyers at our firm can help you navigate the legal process and work to help you receive the best possible outcome.

Contact Montagna Law defense attorneys at 757-625-3500 or fill out our online contact form. We service the entire Hampton Roads area, including Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, Newport News, and the surrounding areas.