Third Offense DUI

A third offense DUI in Delaware is a Class G Felony. You are facing 3 months mandatory jail on a third offense. You will also have to complete a drug and alcohol abstinence program where you will have 90 consecutive days of sobriety. You will also have to participate in an intensive inpatient or outpatient drug and alcohol treatment program for 3 months.

All DUIs in your lifetime will count as prior DUIs. If you had 2 DUIs prior to the commission of this offense, it will be a third offense for sentencing purposes.

For in-state drivers, your license will be suspended for 90 days, then you will be eligible to apply for an ignition interlock license. The ignition interlock will then be installed for the following time periods on a third offense:

• 21 months - BAC under .15%
• 27 months - BAC between .15% and .19%
• 33 months - BAC .20% or greater

Your operating privilege will be suspended in the state of Delaware for the following time periods:

• 24 months - under .15%
• 30 months - between .15% and .19%
• 36 months - .20% or greater; refusal

Your home state will likely suspend you for a third offense if it gets reported to your home state. Make sure your information is up to date with your local DMV and check your mail.

No, you should probably not plead guilty to a third offense DUI. Every case is different and you should contact a DUI trial lawyer immediately. Feel free to call my office at 302-482-4802 for a free consultation. We will weigh all of your options and discuss your case in detail. A great plea deal on a third offense DUI is a plea to a reckless driving - alcohol related or a straight reckless driving. Any deal short of this and you will likely have to go to trial or fight the case in some manner or you will be doing 3 months in jail. You need to take an aggressive stance and fight the case because the prosecution is not going to hand you a reckless driving.

First and foremost, you really need a serious trial lawyer that knows how to try a case. A third offense DUI is a felony and you will likely be trying the case before a jury in Superior Court. Second, you will need an attorney with "inside-and-out" knowledge of DUI law. DUI is a very technical area of law in Delaware and requires special knowledge. An acute attorney can spot a hole in the prosecution's case that could save your life.

Jason Antoine, Delaware DUI lawyer is a former DUI prosecutor and has real jury trial experience winning DUI cases**. Contact my office at 302-482-4802 if you are facing a third offense DUI in Delaware.

**Click here to read disclaimer.