C) while her child under 2 years old was in the vehicle - class A endanger life/health child
What type of sentencing could she expect? She has completed intensive outpatient treatment and a MAD class on the first DUI. She voluntered to residential treatment and has completed that program and is now entering into intensive outpatient treatment. She is also completing 240 hours of comminuty services hours given for driving on suspended licence. On the 2nd charge DCFS has an active service plan she is in compliance. Fines are owed but the jugde has provided time due to her age and non employment status. She was also on medication during the time of the incident that increased the effectiveness of the medication by drinking wine.
Criminal Defense Attorney
She is facing up to 1 year in jail on the dui, if it is kept as a misdemeanor. There is a minimum 5 days of jail or 240 hours of community service for her second conviction, but the facts also allow the state to charge this as a class 2 felony, which can carry up to 3 to 7 years in the penitentiary. Needless to say, she needs a qualified attorney.
DUI / DWI Attorney
It sounds like she is still on supervision or some type of probation for the first DUI. This arrest would be a violation which, if proved, would allow the judge to re-sentence her on the first as well as give her a sentence on the second.
I hope that my response was helpful and informative. However, my answer should not be considered or relied upon as a legal opinion, and no attorney-client relationship has been established. If you are interested in retaining an attorney for your matter, please contact me to discuss your situation further at www.MacNeilFirm.com