In the case of a third drunk driving offense, is detention likely?

If a person with two or more prior drunk driving records within the past five years commits drunk driving again, then upon being caught for a third drunk driving offense, the likelihood of a detention-based investigation and a detention-based trial is very high.

This is because investigative agencies have strengthened the detention standards for drunk driving cases, and in particular, a person caught for a third or more drunk driving offense now faces a heightened likelihood of a detention-based investigation.

If a person is detained for drunk driving, absent special circumstances, they will undergo the investigation and trial in detention until the trial ends, which makes it difficult to respond appropriately with sufficient assistance from counsel.

If detained, not only is the exercise of the right of defense restricted during the investigation and trial, but serious disadvantages may also arise for one's job, family, and social life, and if a conviction becomes final, the likelihood of an actual custodial sentence also increases.

Therefore, a case involving a third or more drunk driving offense is a serious matter that requires considering not merely a fine but also the possibility of an actual custodial sentence and detention, so it is very important to promptly obtain an attorney's assistance before or after being caught.

You may wish to confirm the specific details relating to a third drunk driving offense through a consultation with an attorney.