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DAVID CLARK
Criminal Defense Attorney

Montgomery County, PA Third Offense DUI Penalties

A third DUI equals jail time as any conviction of a DUI for a third case carries a minimum sentence of one to five years in a state correctional facility.  In these cases all diversionary programs need to be explored, because they can reduce a person’s exposure to one year of jail sentence. An individual with a third DUI in Montgomery County must take caution. The courts will not be on your side and the prosecutors will not be on your side. Only your experienced Montgomery County third offense DUI attorney will be there for you.

Therefore, seeking the advice, consultation and representation of an experienced Montgomery County DUI defense attorney is the first and foremost thing an individual charged with a third DUI in Montgomery County must do.

Third Offense DUI Penalties

In Montgomery County, like the rest of the counties in the Commonwealth of Pennsylvania, the sentences for a DUI are determined by a person’s blood alcohol level, the blood results and what is in a person’s system. A third DUI within 10-year period is subject to one to five years in a state correctional institution. That is 12 months in jail consecutively, day after day, and not in the local jail, but in the state correctional facility in Pennsylvania. That is a much harsher sentence than most individuals face in most of their lives.

Therefore, a third DUI can carry anywhere between one and five years of incarceration, which is a very serious offense. However, if an individual seeks the services of an experienced attorney and that attorney is able to explore all possible alternatives and diversionary programs, a person’s jail time can be significantly reduced.

On the other hand, an individual facing one to five years of incarceration may feel that a trial is in order. Therefore, having the right attorney to represent an individual at the trial level and to get a successful result will also help reduce or eliminate any conviction for a third DUI. Having a third DUI is no joke in the County of Montgomery as well as the rest of Pennsylvania.

Diversion Programs & Probation for Third DUI Offenses

On a third offense DUI charge in the County of Montgomery in Pennsylvania, prosecutors can offer diversionary programs. However, all diversionary programs carry some jail and/or incarceration sentence. Therefore, in almost all cases having a third DUI within a period of 10 years causes an individual to face significant incarceration, significant fines, and significant license suspensions and loss.

Should an individual seek any diversionary program, it must be done with the aid of an attorney who not only knows the system, but knows what is required to get a person into such diversionary program. The Intermediate Punishment program can be available as well as drug and alcohol treatment programs. However, because they are third DUIs, the requirements are much more stringent and jail is sometimes still part of the agreement.

Courtroom Treatment of Third-Offense DUIs

Courts in Montgomery County, like the rest of Pennsylvania, treat third DUI offenses in a very harsh manner. These third DUI offenses often involve individuals who have, within a period of 10 years, not once, not twice, but three times been stopped while intoxicated or under the influence of drugs, and have been operating a motor vehicle on the streets of Montgomery County or Pennsylvania. Therefore, third DUIs are given the highest sentences, individuals face the longest DUI period of incarceration and the fines are astronomical.

Even with diversionary programs and the system treating an individual harshly, incarceration still comes into play. Third DUIs consist of incarceration punishment and treatment combined together. Therefore, it is essential that a person charged with a third DUI in Montgomery County, Pennsylvania seek out the services of the right lawyer.

The right lawyer is a lawyer that stands by them, understands the system and can work out the case in a manner that limits a person’s exposure to jail time and limits the amount of stress and deprivation of livelihood that often follows a third DUI.