Alcohol & Drugs: DUI, DWI dui while on felony probation

[Unregistered]

My husband just got out of prison after serving a 22 months for a dui. He was put on probation in march. Doing well these past months but was arrested for a dui felony yesterday morning and was released last night with a court date in a month. I would like to know what's he facing and what can he do in the mean time.

 

[army judge]

My husband just got out of prison after serving a 22 months for a dui. He was put on probation in march. Doing well these past months but was arrested for a dui felony yesterday morning and was released last night with a court date in a month. I would like to know what's he facing and what can he do in the mean time.

He is facing a potential revocation hearing, for a parole violation, not a probation violation.

The good news is, California is in a bind for money.

The bad news is, he's serially failing.

He should ask for a lawyer (or hire one) at his upcoming court date after pleading NOT GUILTY.

He should report the latest incident to his PO.

In fact, he should have done that within minutes of his release.

His PO will instruct him further.

He should stay out of further trouble, and ask his PO (or other resources) to get him in an IN PATIENT alcohol abuse program. He desperately needs help.

He could end up back in prison. If he does, it'll likely be months, not years. As I said, your state is broke, so they tend to release non-violent offenders.

 

[mightymoose]

There is a pretty good chance he will go back to prison. Apparently he wasn't ready to be released.
He can also expect the usual fines and mandatory classes.

 

[CdwJava]

How many prior DUI convictions does he have in the past ten years?

In addition to the current penalties, he can find that his probation will be revoked and he will face the full penalties for whatever offense he was on probation for.

He needs some serious help!