Third Offense DUI :: Tennessee Criminal Lawyer Blog

In an effort to explore and analyze statutory framework that sets out the offense of Driving Under the Influence and the punishments for that offense, this blog has previously examined the possible punishments for a first and second DUI offense. As discussed earlier, the penalties for DUI offenses increase as an offender acquires more DUI convictions up until the offender gets a fourth or subsequent offense. Today’s blog focuses on the punishment for a third DUI offense.

The punishment for a third DUI offense increases in much the same way as the punishment for a second DUI offense. The minimum fine increases again, from $600 for a second DUI offense to $1,100 for a third DUI offense. Likewise, the minimum period of imprisonment increases from 45 days for a second offense to 120 days for a third offense. The maximum period of imprisonment for a third DUI offense remains the same, however, with a maximum sentence of eleven months and twenty-nine days in jail.

Perhaps the greatest increase in punishment for the third DUI offense comes in the form of a significant increase in the amount of time for which an offender’s driver’s license can be suspended. Rather than simply increasing the suspension period by one more year in the same way that the second offense does, the third offense allows the court to suspend the driver’s license for a period of up to ten years with a three year minimum suspension. Whether an offender receives a suspension at the high or low end of this range will depend on how the court views the circumstances of the offender and the case. Needless to say, a ten year license suspension will be a substantial hardship upon any driver.

It is also important to note that a person can be convicted of a third offense DUI without actually having a second offense DUI on his or her record. Often, good criminal defense attorneys whose clients are facing second offense DUI charges are able to negotiate a plea agreement for their client that allows them to plead to a first offense DUI. This results in the offender having two first offense DUIs on his or her record, meaning the next DUI conviction will technically be the third.

The penalty for a third DUI offense can be a harsh one. Persons who are facing a DUI charge would be wise to consult with an experienced East Tennessee DUI attorney who can assist them throughout the trial process.