My husband was convicted of a felony DWI and sentenced to 7 years. How much of this time will he physically have to serve before parole eligible?
We are unclear of whether they added on a charge of assault with a deadly weapon. If so, how will this affect the time he has to serve?
How does good behavior or 2 for 1, 3 for 1 days work into this as well.
His attorney claims that he has no idea how the time gets calculated and how much time he will have to serve. This is the claim he made while trying to get him to sign the plea deal.
after reading the first answer - please also reply to the following - He was diagnosed with lip cancer while out on bond waiting for trial. He cannot wait 7 years to have this surgery done. He was scheduled to get surgery but the doctors could not get it done before he was sent to jail. Is there any way to get him out so he can get the surgery done by our doctors? This surgery requires subsequent reconstructive surgery on his face and we do not want to have this done in prison. Thanks for any suggestions/feedback.
DUI / DWI Attorney
Plan on him serving the full stretch. DWI convictions are not getting much good time from the parole board. If the "aggravated" portion was added, it is almost a certainty.
Criminal Defense Attorney
I agree with Mr. Case. The parole boards often require serve alls (serve all of the sentence without release on parole) on alcohol related offenses. If he also got an assault with a deadly weapon charge (perhaps intoxication assault?), then he will be required to serve 1/2 of the sentence before even being eligible for parole.
Good time conduct cannot be guessed upon without a LOT more facts (and even then, it is very difficult unless you consult with a parole lawyer who works on those kind of situations on a regular basis.)