If you’re facing a fourth DUI charge in Indiana, you’re in serious trouble. The consequences are severe, varying significantly across different counties and even between judges within the same county. Let’s break down the potential penalties and the critical steps you need to take if you’re in this unfortunate situation.
Understanding Habitual Vehicular Substance Offender (HVSO) Status
Upon receiving a fourth DUI, you’re automatically classified as a Habitual Vehicular Substance Offender (HVSO). This designation can add one to eight years to your sentence, making it one of the most daunting aspects of a DUI case. The extra years in jail are not just a threat but a reality that many face, making HVSO status one of the scariest things to deal with as a DUI attorney.
Penalties for a Fourth DUI
The penalties for a fourth DUI depend on whether your previous offenses were misdemeanors or felonies and the timing of these offenses:
- Misdemeanor Offenses: If your previous DUIs are spread out over a long period and are misdemeanors, you could still face up to nine years in jail.
- Level 6 Felony: If the fourth DUI occurs within seven years of the third, it escalates to a Level 6 felony. This means over ten and a half years of potential jail time. Recent cases indicate that sentences of six years for multiple DUIs causing an accident are not uncommon.
County Policies and Judge Discretion
Different counties in Indiana have varied approaches to handling DUI cases:
– Non-negotiable HVSO Charges: Some counties have strict policies where they won’t dismiss HVSO charges as part of a plea deal.
– Judge Discretion: The length of the sentence can vary widely depending on the judge, with some judges being more lenient and others more stringent.
Immediate Actions to Take
- Hire an Attorney Quickly: The most crucial step is to engage an experienced DUI attorney immediately. Time is of the essence, especially for a fourth DUI. Your attorney needs to communicate with the prosecutor right away to advocate for your case, potentially preventing the filing of an HVSO charge.
- Apply for DUI/Drug Court: Some counties offer DUI or drug court programs that can provide alternative sentencing options. However, these programs often have strict and short application windows, making it essential to act fast.
Importance of Treatment
Demonstrating a commitment to treatment and addressing the underlying causes of your DUI can be beneficial. Prosecutors and judges may view your efforts favorably, possibly influencing their decisions regarding your case.
Final Thoughts
A fourth DUI in Indiana is a grave matter that demands immediate and serious attention. The penalties are severe, and the legal landscape is complex, varying greatly by location and individual circumstances. If you or someone you know is facing such a charge, don’t hesitate to contact a seasoned DUI attorney who can navigate these treacherous waters and work towards minimizing the impact on your life.
At the Marc Lopez Law Firm, we have extensive experience handling DUI cases and are here to help you every step of the way. For more information or to discuss your case, give us a call at 463-283-7387, and remember—always plead the Fifth!
