Will my pending assault charge affect my 4th DUI I was just charged with? I have an assault charge pending trial (pled not guilty) and my last DUI was over 5 years ago.
Criminal Defense Attorney
Yes, your 4th DUI charge will likely affect your pending assault charge, as well as your previous DUI charges. After awhile, the prosecutor will charge you with a felony DUI and this may be the one. Get the best most experienced criminal defense lawyer you can find and defend this case as well as the other one. And stop drinking now. You obviously don't know when to stop or when to take a cab home instead of driving. After four one would hope you'd get the message already. Perhaps this one will get the message across to you that you either have a serious alcohol problem or don't yet understand that you're not supposed to drink and drive in this country. I don't mean to sound overly strong about this, but the entire purpose of the criminal justice system is to teach you not to do certain things. The states don't want people drinking and driving any more. That's it. Nothing more than that. So please learn the lesson now and avoid all the problems that come with a 4th DUI.
I would agree with my colleague that your pending assault charge will affect 4th DUI. You can certainly expect a harsher sentence for your fourth DUI than for prior DUIs. If you are convicted for assault which ever charge is sentenced last will likely get a greater penalty because of the prior conviction.
Judges tend to be concerned about multiple convictions, as my colleague said, it tends to indicate that you are not learning to obey the law.
The 4th DUI certainly will affect sentencing only upon a conviction. You state that one other dui is five years old that certainly will count. Even if the remaining dui's were outside the seven year period it is up to the Judge's discretion to consider past history at sentencing. Questions come to mind of whether the other three dui's were all in WA state and disposition of each. Was there a deferred prosecution completed? Are you currently in a county that offers a "DUI Court" and if so what are the conditions? Make very careful decisions regarding your current matter. Take care.
DUI / DWI Attorney
ABSOLUTELY! If your 3 priors are within 7 years of this new charge then you have exceeded the mandatory statutory sentencing scheme and i my experience if there is a conviction for this 4th DUI most judges would not hesitate to sentence you to jail for 9 months to a year. If the priors are outside of 7 and some inside then you are facing mandatory sentencing that is determined by the priors within 7 years. Regardless of what the mandatory minimum sentence is the Judge can and often times will exceed it. You need an experienced and aggressive DUI lawyer to deal with this new charge and should you get through this and are charged with a 5 you will be charged with Felony DUI if they are all with 10 years of each other