Lawyer for Fourth and Fifth DUI Offense in Pittsburgh, PA

When you have been arrested four or more times for a Pittsburgh DUI, you know firsthand what it’s like to face Pennsylvania’s strict drunk driving laws. You are probably very concerned about losing your license but more concerned about the years you could be spending in jail, the money you might owe, and whether you can ever move past this.

We know how high the stakes are at Worgul, Sarna, & Ness, Criminal Defense Attorneys. Our Pittsburgh DUI lawyers are here to help you fight for your future and work toward the best possible resolution.

What Happens After a Fourth DUI Arrest in Pennsylvania?

DUI charges can have an extremely damaging effect on your life if convicted. Depending on your blood alcohol content at the time of your DUI arrest, your punishment for a fourth DUI or more includes thousands of dollars in fines as well as prison time. In addition, the court may require you to undergo substance abuse treatment as part of your sentencing. Due to Pennsylvania’s minimum sentencing guidelines and gravity score calculations, you could be facing serious, life-altering consequences.

When you’re arrested for DUI a fourth time or more, the Commonwealth treats it as a repeat and habitual offense. Prosecutors will move aggressively, and the sentencing guidelines, including mandatory minimums, are unforgiving.

You may be asking:

• Will I go to jail for years?
• Can I lose my license permanently?
• Is there any way to avoid a felony conviction?

Pennsylvania law has harsh penalties for those who add a fourth DUI offense to their record. It is extremely important that you hire an experienced Pittsburgh DUI attorney as soon as you can.

Our team understands what’s on the line. We’ll thoroughly review the evidence, identify every possible defense, and guide you through your options.

Penalties for a Fourth DUI or More in Pennsylvania

Pennsylvania uses a tiered DUI penalty system based on your blood alcohol concentration (BAC) and prior offenses. For a fourth DUI or any subsequent offense, the penalties are harsh and often include felony charges.

BAC: .08 to .099:

• 10 days to two years in jail
• One year license suspension
• $500 to $5,000 fine

BAC: .10 to .159:

• One to five years in jail
• 18 month license suspension
• $1,500 to $10,000 fine

BAC of .160 or higher (or refusal):

• Up to 10 years in prison
• 18 month license suspension
• Fine of $5,000-$25,000

Deana’s Law: Harsher Penalties for Repeat DUI Offenders

Passed in 2022, Act 59—known as Deana’s Law—increases DUI penalties for repeat offenders. Specifically, the law states that someone who:

• Commits a DUI and refuses a breath or chemical test
• Has a BAC of .16 or higher; OR
• Commits a DUI involving a controlled substance

will face second-degree felony charges if they have three or more prior offenses. These charges could result in a max prison sentence of ten years. Furthermore, the law states that an individual’s sentence will be served consecutively with any other sentence the court imposes.

Other Long-Term Consequences of a Fourth DUI Conviction 

Beyond jail time and fines, a fourth DUI conviction comes with collateral consequences that can affect nearly every part of your life:

• Loss of employment or difficulty finding work
• Higher car insurance premiums or policy cancellation
• Loss of professional licenses or security clearance
• A permanent criminal record
• Civil lawsuits if someone was injured or killed in the DUI incident

How a Pittsburgh DUI Attorney Can Help You

When facing a fourth DUI, it’s critical to have an experienced Pittsburgh DUI lawyer in your corner. At Worgul, Sarna, & Ness, we can:

• Evaluate the strength of the prosecution’s case
• Challenge the traffic stop or arrest
• Review chemical test results for accuracy
• Negotiate with the prosecution for reduced charges or sentencing alternatives
• Represent you at your preliminary hearing and beyond

You’ll receive a criminal complaint by mail soon after your arrest. Share this with your attorney right away, it outlines your formal charges and sets the stage for your preliminary hearing, which is your first (and crucial) court appearance.

Possible Defenses to a Fourth DUI Charge

Just because you’re charged doesn’t mean you’ll be convicted. Depending on your case, we may be able to challenge the stop, the arrest, or the evidence.

Common DUI Defenses:

• The officer lacked probable cause to stop you
• There was no legal basis to administer a chemical test
• The breath or blood test results were flawed or inaccurate
• The testing equipment was not properly calibrated
• Your constitutional rights were violated

If any of the evidence was obtained illegally or improperly, we’ll fight to have it suppressed, which could lead to reduced or dismissed charges.