FOURTH DUI OFFENSE IN PA
If you are facing a 4th DUI Offense in Pittsburgh or Western Pennsylvania, you've been through the system before. Perhaps you started off with ARD on your 1st offense, house arrest for your 2nd offense, and a DUI court program for your 3rd offense. Now that you've picked up your fourth DUI charge, you think think that you'll be able to seek treatment and get put on house arrest again. You're wrong. PA law treats 4th DUI offenses differently from 3rd DUI offenses, even though the mandatory minimum sentences are usually the same.
What jail sentence am I facing for a 4th offense DUI?
If it's your fourth DUI offense, and you have a BAC of a .08-.099%, you are facing a 10 day mandatory minimum jail sentence, maximum sentence of up to 2 years in jail, a 1 year license suspension, and fine ranging from $500 to $5,000.
For a fourth DUI offense where your BAC is a .10 to .159%, or you have been involved in a DUI accident, you are facing a 1 year mandatory minimum prison sentence and a maximum of up to 5 years in jail, an 18 month license suspension, and fine ranging from $1,500 to $10,000.
For a fourth DUI offense where your BAC is a .16% or higher, you are charged with a DUI drug offense, or you have refused chemical testing, you are facing a 1 year mandatory minimum prison sentence and a maximum of up to 5 years in jail, an 18 month license suspension and a fine of $2,500 or more.
Can I receive house arrest for my 4th offense DUI in PA?
No. Under Pennsylvania law, you can never receive house arrest if convicted of a 4th offense DUI. You will be forced to serve your sentence in state prison or the county jail.
How do I determine if my case counts as a 4th offense DUI?
Under Pennsylvania law, sentencing on your 4th DUI offense must occur within 10 years from the date of sentencing or ARD acceptance on three prior DUI cases. For example, a person who received ARD in January of 2007, and a guilty plea to a 2nd and 3rd offense in 2010 and 2012, who is facing a DUI in 2016 will be sentenced as a 4th DUI offender if sentencing occurs within 10 years of the January 2007 offense. However, if sentenced on the 2016 case in February of 2017, then the 2007 case does not count as a prior offense, as sentencing was not within 10 years of the ARD acceptance date.
What should I do if I'm facing a 4th offense DUI in Pittsburgh?
Hire a lawyer immediately. If you are facing a fourth DUI within the last 10 years, don't wait until you get charges in the mail to start building your defense. You need to get a lawyer on your side quickly to help fight for your freedom.
At the Zuckerman Law Firm, we have had recent success at trial on 4th DUI cases. As noted on our DUI overview page, there are many types of defenses that can apply to your case. Call us today at 412-447-5580 for a free consultation.