Third Offense or Subsequent

If you are facing a third or subsequent DUI charge in Derby or anywhere else in Connecticut, the stakes are high. You face steep fines, jail time, and your ability to drive could be permanently impacted. If you find yourself in this situation, it is time to speak with a lawyer and make sure that your rights are protected.


By the time you are charged with a third or subsequent DUI in Derby or anywhere in Connecticut, the penalties become particularly harsh. By now, you are probably familiar with the types of penalties that you will face, but the maximum penalties become even more significant if facing a third or subsequent charge. This is the court’s way of attempting to curb your DUIs because you are a repeat offender at this point. The DMV may give up on you altogether and determine that it is not safe for you to operate a motor vehicle again. Of course, this and the other penalties that you receive if you are convicted will depend on your particular situation. Here, we outline the penalties that you face and what you can do to mitigate them at this point.

3rd Or Subsequent DUI Penalties

As mentioned, you are probably familiar with the types of DUI penalties out there if this is your third, fourth, or fifth offense. But the stakes are raised if you are convicted of a third or subsequent offense. Remember that a DUI charge will only be considered a third or subsequent offense if it occurs within a ten year period of the previous offenses. Out-of-state DUIs count towards offenses as well, so keep that in mind. In most cases, Connecticut will learn about a DUI charge in another state.

The penalties that you could face if it is indeed your third or subsequent offense include:

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  • Three years in prison, with a mandatory sentence of one year served. Remember, this is up from a six month sentence for a first offense and a two year sentence for a second offense.
  • A fine of up to $8,000. Again, this increases from a $1,000 fine for a first offense and a $4,000 for a second offense.
  • Mandatory community service.
  • Probation.
  • A two year driver’s license suspension, which increases from the 45 day suspension for first and second offenses.
  • A lifetime requirement to use an ignition interlock device on every motor vehicle you operate once your license suspension is lifted. Only the Commissioner of the DMV can modify this ignition interlock device requirement. The Commissioner could waive the device requirement after a period of 15 years has passed since your driver’s license was reinstated. The DMV can suspend and reinstate your license at their discretion as well.

Additional Charges

Consequences for a 3rd or subsequent DUI can increase if there are aggravating circumstances in your situation. Some common forms of aggravating circumstances include having a minor in the vehicle at the time of your arrest, driving with a BAC at more than double the legal limit, causing serious injury or death to another person by causing an accident, fleeing the scene of an accident, resisting arrest, etc. You can expect additional charges and therefore additional penalties upon conviction if you find yourself in one of these situations. However, a Derby DUI defense attorney may be able to minimize the penalties that you face.

Getting Help

If you are facing a third or subsequent DUI offense in Derby or anywhere in the state of Connecticut, now is the time to seek legal representation. The stakes are incredibly high if you have prior DUI convictions and you should do everything that you can to minimize the penalties that you may face. As such, speaking with a lawyer is in your best interest. To talk to a DUI lawyer today, contact us.

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