Alcohol & Drugs: DUI, DWI felony DUI while on parole

[danny54f]

My husband is on currently on parole. He has been in good standing with his parole for about 11 months but i just found out that he was arrested for a dui which involved an accident(no one was injured). He is now in custody as his parole put out a warrant but i am not sure what i can do to help. I can barely pay my own bills so i am clearly in no financial position to say i can afford an attorney but i dont want to just sit back and do nothing. Anyone have any advice? Do you know how much time he maybe looking at? Please help with any advice.

 

[CdwJava]

My husband is on currently on parole. He has been in good standing with his parole for about 11 months but i just found out that he was arrested for a dui which involved an accident(no one was injured). He is now in custody as his parole put out a warrant but i am not sure what i can do to help.

About all you can do is help him find and pay for an attorney to defend against the DUI. The parole revocation is pretty much a fait accompli and he will be going back to prison for a while - likely at LEAST until the DUI is resolved.

And what makes you think he was arrested for a felony DUI if no one was injured? Unless he has some prior DUI-related convictions, this would not be a felony absent some injury to another.

He could go back to prison for up to the balance of his sentence. As for the DUI, how long he might do for that will depend on priors and the specific offense(s) he is charged with and convicted of.

 

[danny54f]

I appreciate your quick response!

Since he is in custody, i pulled up his booking information and it says felony. The only reason i think that this maybe showing as a possible 2nd offense for a dui is because he got into a car accident in 2008 and he was believed to be under the influence of alcohol, took 1st breathalizer test with what the cops claimed was a broken machine so he refused a 2nd breathalizer test; he was arrested because of that and when he went to get blood drawn for the "believed" DUI, it was determined that he was not under the influence so i believe that error might be in the county records but again, the blood test proved he was not drunk. Do you know how much time he may do because of the DUI? And this might be a dumb question but does that DUI mean automatic parole violation?

 

[CdwJava]

What specific statute was he booked under? If CVC 23153 then someone was injured.

A second DUI offense is NOT a felony. I suspect that the other party in the collision WAS injured as that would be the only way I could think that he was charged with a felony. How much time he MIGHT get sentenced to depends upon the specific offense charges.

As for the parole violation, a DUI arrest does not automatically mean he'll have his parole revoked, but unless the DUI case is dismissed because he did not do it at all, chances are he will go back to spend at least three months or more in the state prison.

 

[danny54f]

I pulled up his booking info again and it did not mention anything about a CVC#. The reason i know of the DUI offense is because his parole officer told me about that. There is no specific information on his DUI in the system. At this moment the only real info on the website is reporting his warrant for not showing up to his parole check-in. Although my husband does not sound too smart up to this point, I know that he would not avoid his check-in's and he never has but even his parole officer confirmed that he had called him to let him know he was about 40 minutes away and would not be able to make it back on time to check-in as he has for the past 11 months! Is it possible that the felony that is showing up is because the warrant was put out for missing his check-in?

 

[CdwJava]

I pulled up his booking info again and it did not mention anything about a CVC#.

There should be a code section (some numbers) next to his name for the charges he was booked under. What are those?

The reason i know of the DUI offense is because his parole officer told me about that. There is no specific information on his DUI in the system.

Soooo ... if no DUI, then what is he in jail for? The parole violation?

At this moment the only real info on the website is reporting his warrant for not showing up to his parole check-in.

That's enough. And that is different from a parole violation for the new offense. It may well be that he has been booked on the parole violation and not on the DUI just yet.

Although my husband does not sound too smart up to this point, I know that he would not avoid his check-in's and he never has but even his parole officer confirmed that he had called him to let him know he was about 40 minutes away and would not be able to make it back on time to check-in as he has for the past 11 months! Is it possible that the felony that is showing up is because the warrant was put out for missing his check-in?

That's possible. Though it's not really a felony, the jail booking system may indicate it as such so as to prevent an unintentional cite and release from occurring.