Agree with Mr. McCleod. A lawyer can ask for it, but it likely will not be granted.
He can, but there is a good chance he will not. A 4th offense is a Class D felony and calls for 120 days to serve that will not be set aside or probated. Most people try to get a one year sentence and go to the penitentiary because of the mandatory serve time. They end up not doing much more or maybe less than if they go in and serve 120 days, county time.
