Please remember that it's never a good idea to discuss specific facts of a case online. You should consult with an attorney in a confidential setting if you would like legal advice. If a person violates a term of probation, the court can sentence that person to whatever days currently remain suspended on his or her sentence. It's difficult to know what a judge can or can't do without knowing what the original suspended sentence was. If you would like to discuss your case further, my office is...
If you want to fight, then you need to call a criminal defense attorney. There can be a lot at stake any time a someone is charged with a criminal offense, so it's important to hire a lawyer who you feel comfortable with. I agree that being a member of the OACDL is a huge asset.
We simply don't have enough information to answer your question, but please know that it is generally not a good idea to discuss your case over the internet. You should contact a criminal defense attorney to discuss your case in a confidential manner.
If a person refuses a breath test, then any prior OVI in the last 20 years is fair game for increasing the minimum mandatory jail sentences. You need to speak with an attorney about your case as soon as possible, because you are facing some serious penalties.
Please remember that it is not a good idea to discuss your case on the internet. You should hire an attorney as soon as possible so that you can talk about your case confidentially. It sounds like this charge might have an enormous effect on your family, aside from the legal consequences of a potential conviction: for that reason, please don't wait to speak with a lawyer. My firm helps people with a lot to lose after they've been charged with a criminal offense, my phone number is (216) 369-9106.
It's understandable that you would be scared for your friend. This is a scary time. Without knowing more about your case, it's hard to say one way or another. Your friend should talk to his or her lawyer to prepare the best possible arguments at sentencing. There are things that can be done that will not only help get the most favorable sentence possible, but will also help your friend from a personal standpoint. It's important to talk about doing those kinds of things with his or her lawyer.
If a person refuses a breath test after being arrested for OVI, any previous conviction within 20 years can be considered for purposes of enhancing the potential sentences. You should speak with an attorney as soon as possible to discuss the particular circumstances of your case.
I agree. A "ticket" for underage drinking can carry stiff penalties, including a fine of up to $1,000 and up to 180 days in jail. Diversion is possible, as well. Anybody charged with a criminal offense should speak to a criminal defense attorney about his or her case as soon as possible.