4th Felony DUI Avoids Jail Time | Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC

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4th Felony DUI Avoids Jail Time

Our Pittsburgh criminal defense attorneys were contacted by a man in his mid-30s who had been arrested and charged with his fourth felony DUI. Due to the serious nature of this charge, and considering the potential mandatory sentence of one-year in prison, our client feared the impending conviction against him. He was also concerned about losing his successful business and being away from family for so long in prison.

Our client had served in the Navy as an Officer for 10 years and had been on several combat tours during Operation Iraqi Freedom. Our client had been honorably discharged from the Navy and started his own cement masonry business, and he employed others who relied on his business to provide for their own families. Once we learned of our client’s situation, we immediately began to work on his behalf to help him avoid the worst penalties of a repeat felony DUI.

Our client was found guilty of felony DUI during his preliminary hearing in February 2014. We successfully negotiated and received a request to delay sentencing until February 2015 against the prosecutions intense objections. We also successfully negotiated for our client to be placed on home electronic monitoring program (EMP) along with the SCRAM alcohol detection bracelet during the pre-sentencing delay.

As a result of our strong negotiating tactics, our client was able to appear at the sentencing hearing in February 2015 with evidence from the home EMP and SCRAM bracelet, which showed his ability to remain alcohol-free and maintain good behavior for the entire year. Our attorneys produced 15 character reference letters on behalf of our client, and our client gave his own testimony to the judge. He cited that his participation in Alcoholics Anonymous had a positive impact on his ability to become and maintain sobriety. The judge agreed to dismiss all summary charges against our client and gave credit for time served during the delay in sentencing under the EMP and SCRAM bracelet allowing our client to avoid jail time altogether. Our attorneys’ hard work enabled our client to remain out of jail, maintain his business, and seek treatment for his substance abuse through the support of community services.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.