Husband was sentenced 24months for 2nd dwi, is appealing the sentence but has pending case for 3rd dwi what to expect??

Asked about 4 years ago - Morganton, NC

My husband no question, has a drinking problem, and a problem with common sense too it seems. He had his first dwi in2008. He was put on probation with a suspended sentence. He was charged with a level4 dwi. His 2nd dwi was in 2009. He was sentenced 24 months in doc with 90 day DART program. He was sentenced on April 7th 2010. Im 3 months pregnant, so my husband appealed the sentence and his appeal date is June 14th 2010. He also has a pending 3rd dwi case on June 18th. my question is...what is the worst and best possible outcome of this situation? And how long does it usually take for someone to get transferred from the county jail to the department of correntions?

Additional information

* my husband didnt appeal his 2nd case just b/c Im pregnant. His probation officer suggested that he appeal the sentence to see if he could possibly get the minimum of his sentence instead of the maximim. The sentencing for a level 1, I believe, is 60 days to 24 months, and he received 24 months. The fact that Im pregnant just makes it a more pressing issue for him. *

Attorney answers (1)

  1. Ann Toney

    Pro

    Contributor Level 13

    Answered . I would contact a lawyer immediately and, if there does not seem to be a viable defense to the pending 3rd DWI, then see if the lawyer can dispose of the 3rd DWI along with the 2nd DWI sentence if at all possible. If your husband appealed the 2nd DWI case simply to put off going to DOC because you are pregnant and not because there is a true issue to appeal, then you would be best served I believe by getting both DWI charges disposed of together. Otherwise, if he waits to dispose of the 3rd DWI by itself then he very well may get even a longer sentence and be away from you and his child even longer for a second time.

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