Brice Smith pled guilty to one count of DUI in a Virginia Beach courtroom this past week. He was arrested last May after failing field sobriety tests and refusing a breathalyzer. This marks the famed defensive end’s 3rd DUI charge.
While Smith denied drinking on the night of his arrest, he later admitted that he was under the influence according to this Football News Now report. The arrest occurred after he had been drinking wine with friends in Norfolk.
Under the terms of his case he received a $1,000 fine, a one year driver’s license suspension, an alcohol safety class, and a 90 day suspended sentence. A “suspended” jail sentence simply means
that if Smith is rearrested at anytime during his probationary term, the 90 day sentence could be activated and he could be required to spend time in jail.
According to the article from Football News Now, Smith’s first DUI case was dismissed and he was acquitted, or found not guilty, the second time he was arrested for the offense. It seems as if, with his third arrest, Smith’s luck had run out.
Although this wasn’t Smith’s first arrest, the result of his prior DUI cases mean this one was treated as his first. If he had been convicted or pled guilty the last two times, he would have been facing a much more stringent sentence this time around.
For a third offense DUI you are required to serve a minimum of 3 months in jail if convicted.
Also worth noting is the effect his refusal to take a breath test may have had on his case. If you refuse a breath test and are later found to have been under the influence, you will lose your license for one year.
When facing charges of DUI, whether this is your first offense or your fourth, we can help. We understand you want the best results possible and will pull out all the stops to ensure that happens.
From challenging the stop to the breath test results, we will leave no stone unturned when it comes to fighting on your behalf. Contact our lawyers today to discuss the details of your case.