Alcohol & Drugs: MIP, MIC, Intoxication Can jail time be avoided?

[ribboninthesky]

I need to know if jail time is a result of this traffic stop.
My husband got arrested for a dui back in june but was not found guilty till october. But in september a friend from out of town came to visit and they went to a bar where the friend got a little intoxicated. As they were leaving the bar a police officer followed them out of the bar and followed them. My husband was driving because he was sober. When they realized the officer had been following them they pulled over to switch places. After they switched places the police over then pulled them over. He seperated them and gave my husband the ticket for dwls and gave my friend who could've failed a dui road test got nothing. At his arraignment the state attorney said they want to send him to jail. Is this possible?

 

[mightymoose]

He won't go to jail for a suspended license.

 

[jharris352]

If it is his first offence he will not go to jail over driving on a suspended license. Especially since he has extenuating circumstances (that he was the only sober driver available).

You know, I question the whole reason the policeman got involved in the first place. If your husband was not drunk why did he stop, and what reason did the policeman have to ask him for his license?

 

[mightymoose]

The officer obviously saw that they had switched places, and that would be more than enough suspicion to stop them. Since he had seen both of them driving he could have asked both for their ID.
The only thing that seems strange here is why the other driver was not tested/cited for dui. Had the friend actually driven away o did the officer roll up before they had a chance to leave after switching places?

 

[ribboninthesky]

he pulled them over after they had switched places. Is this all the state needs to send him to jail? What has to be done to prevent jail?

 

[raskalnikov]

Although it is unlikely, Driving on a suspended license is likely a misdemeanor as opposed to a civil infraction, so jail is always a possibility.