This is the classic case of manslaughter and the max would be 10 years plus the gun enhancement. However, if the prosecution can prove that he suspect actually knew of the relationship then it could be raised to first degree murder.
In most cases the court will rule the same way as they did in the first trial. One exception to this rule is if the prosecution failed to provide the discovery until the last minute in the first trial could then be used in the next trial.
As a former prosecutor who now practices DUI defense, I would suggest that you not wait for the court to violate you but that you bring an attorney with you and set your case on calendar and explain your situation and ask for re-enrollment papers. In most cases a court will be much more lenient if you step up to the plate and ask to be put back into the program. Most programs will give you credit for the time you served as long as there is a valid reason for the absence. Good Luck.
the quick answer is that that if your case is a misdemeanor then the statute of limitations is one year. If it was a felony then the statute f limitations is 3 years unless it resulted in a death and you could have been tried for murder. Murder cases have no statute of limitations. Based upon your comments I assume that the case is a mismanagement and you are home free. The DMV does not have a SOL but you can argue that the delay is unfair to you because you can get gather witnesses etc.
If this is your first DUI and you did not refuse to take the breathe or blood test then you may get a restricted license after 30 days of a hard suspension. In order to get a restricted license you will need to get an SR22 from an insurance company, sign up for an AB541 3 month alcohol class and pay $125 reissue fee.
You need to act right away. As a former prosecutor i have woroed with mJy medicL professionals to help with both thier dui and licensing issues. But ypu need to act right away. Your blood alcohol level is very high. In many cases very early intervdntion can assist you im getting into the vest position.
I would immediately get an attorney. There are few crimes more serious then being accused of rape. I am speaking as a former LA County Deputy District Attorney who worked in the juvenile courts. I have added my website below to the answer so that you can read ore about sex crimes and how serious they are to your son's future. Handling things BEFORE they file charges can get your son through this hell
In most cases your probation, even to the court, would have the conditions not to violate any law. If the court that you are in probation is in the same county in CA, then in most cases the court will find out about it.