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My son has just received his 3rd DUI - 1st DUI was PBJ, 2nd DUI supervised probation. Not sure what to expect for the 3rd.

Glen Burnie, MD |

He has two court dates one in June for Violation of probation - another in July for the DUI. As a mother I am just curious as to what to expect from this. Did I mention he has be in Jail since the last incident that happened in March.

Attorney Answers 4


You or your son need to contact an attorney (preferably one who concentrates on DUI defense). Your son is facing whatever 'back up' or unserved time for the case for which he is currently on probation. He also is facing significant jail time for the new charges.

In addition to the potential criminal consequences, he is facing potential revocation if his driving privilege.

Although it may seem impossible, there may be defenses in his case that could potentially avoid a conviction for the new charges, and the violation of probation.

Do yourself (and your son) a favor. Get a NEW alcohol evaluation and follow any recommended treatment (which will likely involve in-patient or aggressive treatment).

Most importantly, as stated before - find a lawyer who is serious about DUI defense!

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It must be very difficult for you to watch your son self destruct. You can expect the State to serve repeat offender papers on him, which will increase the range of the jail sentence he is facing. You can also expect the MVA to try to revoke his driving privileges. At this point you should use whatever influence you have to get him a dual diagnosis evaluation, which will look for an underlying disorder that is driving his use of alcohol or other impairing substances. An attorney can help you to find an appropriate health care provider to perform the evaluation. If he remains incarcerated, the attorney can tell you what kind of resources are available for inmates or the attorney can request that he be released with appropriate supervision, in order to get an outside evaluation. If the reason he continues to be incarcerated is a high bond, the attorney may be able to get a bond reduction so that he can receive appropriate medical, counseling or mental health services. The attorney can also explore home detention as an alternative to incarceration, in order to facilitate private medical evaluation and treatment. You need a very experienced and motivated DUI attorney because incarcerated people often fall between the cracks and do not receive the services they need to deal effectively with their alcohol and substance abuse issues once they are released. I wish you well.

This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is licensed to practice law in Maryland.

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What to expect depends on the facts and circumstances of the case. If he is facing 2 violation of probation hearings, he is facing a jail sentence on each of those cases if he is found in violation. It appears from the facts presented that your son would benefit from an inpatient treatment program if he is ready to commit to sobriety. Otherwise, a judge is going to be pretty frustrated at his recidivism He needs to hire an experienced DUI lawyer to deal with all three of these events

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Ultimately, sentencing depends on whether he is found guilty, whether he is found in violation, his prior record, how serious all of these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.

Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.

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