Fourth Offense DUI Attorney in Dover, DE Preventing a Maximum Sentence in a Fourth DUI Conviction

You could lose your job, home, and family if caught drinking and driving a fourth time. The state gets more rigid and less lenient with repeat DUI offenders that don’t learn their lesson the first few times. As such, the penalties are more significant and have a lasting impact.

Impaired driving includes driving under the influence of alcohol with a blood alcohol concentration (BAC) level of .08 percent or more, having illicit drugs in your system, or having a combination of drugs and alcohol in your system that hinder your ability to drive safely.

Repeat offenses, prior convictions, and whether any aggravating factors are included, such as driving a minor passenger at the time of the arrest, or causing bodily harm or injury to other people, determine your fate in court.

A fourth DUI conviction can land you in prison, and this black mark on your record can hinder your future. Other freedoms, such as your driving privileges, could be suspended indefinitely, too.

Call our team of DUI defenders experienced in repeat DUI offenses to examine your case: (302) 678-8700.

What are the Penalties for a Fourth DUI?

You must have three or more offenses in your life to be considered a fourth or subsequent DUI offense. The penalties for a fourth DUI charge include:

• Six months mandatory jail time served in a level 5 prison setting
• Possible jail time between two to five years if convicted
• $3,000 to $7,000 fine
• License suspension for 60 months
• Potential ignition interlock device after 48 months
• The completion of a clinical alcohol treatment and education program

Other consequences of a fourth DUI conviction depend on your prior offenses and whether aggravating factors are present, including an alcohol concentration level of .16 or more, riding with a child under the age of 16, or another impaired driving incident on your record.

Attempting to represent yourself, especially with multiple offenses, will leave you vulnerable to the maximum sentence presented by the prosecutor. Before pleading guilty or assuming there are no options for your case, consult an experienced DUI attorney.

Book a consultation with our team, and we’ll provide you with our legal opinion: (302) 678-8700.

What is an Alcohol Education Program?

There are state programs and private substance abuse treatment centers for alcohol and drug abuse. A judge might mandate a state or personal rehabilitation program for more severe cases and repeat offenders.

The Court of Common Pleas DUI Treatment Court Program is an option for first DUI offenses and repeat offenses. The mission of the DUI Treatment Court Program is to enhance community and highway safety by holding individuals with alcohol and substance abuse issues accountable with evidence-based treatment.

To be eligible, the participant must have had a high BAC level and agree to plead guilty to the DUI offense, which will remain on the individual’s record. During the program, you cannot use or possess any drugs or alcohol or commit any crimes, and you must attend all scheduled court dates and treatment sessions and complete any community service as requested.

You also will be subject to random drug and alcohol screening. Outpatient alcohol rehab centers will offer treatment to help detox and drug and alcohol recovery.

We can answer any questions you might have about alcohol treatment and education programs. Call (302) 678-8700.

What are Aggravating Factors in a Fourth DUI Offense?

There is slightly more flexibility with sentencing for individuals that commit DUI offenses without any extenuating circumstances or aggravating factors. There are minor aggravating factors and grossly aggravating factors that determine the result.

With a DUI charge and aggravating factors, a judge looks at:

• A prior conviction for a DUI-related offense, and if the prior conviction occurred within seven years of the current DUI offense
• If your driver’s license was suspended or revoked at the time of your arrest
• Your DUI caused severe bodily harm or injury to another person
• A minor child under the age of 18 was in the vehicle at the time of your DUI arrest
• A disabled person was in the vehicle

Additional considerations include reckless or dangerous driving, gross impairment with a blood alcohol concentration level of .15 or more, negligent driving, speeding, passing a school bus, and other similar circumstances.

Get legal advice and support for your fourth DUI offense by calling our team of DUI defenders:  (302) 678-8700.

How Can a Fourth Offense DUI Lawyer Help Me?

Like any DUI case, there has to be sufficient evidence to convict you of the charges against you. Having an attorney by your side increases your chances of success, resulting in a lesser sentence, penalty, or no sentence.

Our attorneys will receive law enforcement’s submission and evidence, as well as the prosecutor’s case against you. Part of building a point in your favor includes searching for alternatives. In a fourth offense DUI charge, this might consist of:

• Proving the inaccuracy or reliability of the BAC or testing protocol
• Proving the illegal stop of the vehicle
• Omissions or errors in the police officer’s findings
• Prescription drug defense, when controlled substances are involved
• Validity of the tests

Our legal team is experienced in handling challenging DUI cases, especially repeat offenses—first, second, third, fourth, fifth, and beyond. Alongside our clients, we’ve experienced a variety of DUI offenses and scenarios, so we know what you’re up against.

We are prepared for the challenge. Book an initial consultation with Delaware DUI Defender and get the valuable legal counsel you need to move forward. Call: (302) 678-8700.