Fourth Offense DUI Lawyer in Delaware
For any Fourth Offense DUI conviction on a fourth offense or greater, there is a six month mandatory minimum sentence of incarceration. That time must be served in a Level 5 (prison) setting.
A DWI 4th or DUI 4th in Delaware is a very serious matter. A fourth offense DUI is a Class E felony in Delaware. The prison sentence for a conviction is two to five years. A DUI 4th conviction also carries a fine of $3,000 to $7,000.
A Fifth Offense DUI is even more serious. It is also a Class E felony, but a conviction carries a prison sentence of 3 to 5 years. A DUI 5th conviction also carries a fine of $3,500 to $10,000.
A Sixth Offense DUI is a class D felony. It carries a fine of $5,000 to $10,000 and a prison term of 5 years up to 8 years.
A seventh offense DUI or greater is a class C felony, and a conviction carries a fine of not less than $10,000 nor more than $15,000 and a prison sentence of not less than 10 years nor greater than 15 years.
As with a third offense DUI, which is also a felony, it is very important that you retain counsel as quickly as possible. A felony DUI case does not follow the same path through the courts as a misdemeanor first or second offense DUI case. A felony case will result in a preliminary hearing or probable cause hearing in the Court of Common Pleas usually within the first week or two after arrest. It is IMPERATIVE that you retain a qualified DUI defense attorney with felony criminal trial experience to represent you at this hearing. There are things you need to do at the preliminary hearing stage, such as determine whether you will have your hearing or waive your hearing. If you have the hearing, then you must have competent representation to PRESERVE AND CHALLENGE THE EVIDENCE.
If you have been charged with fourth offense DUI or greater, you need to get into treatment for alcohol use and abuse immediately. Many times, our DUI clients in DUI fourth, DUI fifth, etc. cases have been clean and dry for years, and have been arrested with relatively low BAC readings such as .09 or .085. Don’t expect the prosecutor to go light on you for a one-time lapse in judgment after a long period with no police contact. If you have an advanced DUI arrest in Delaware, you need to be prepared to fight tooth and nail for your freedom.
If you have been arrested and charged with an advanced DUI offense, please call or email me for a free consultation.
Fourth Offense DUI Lawyer in Delaware
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