My friend was sentenced on a 2nd DUI highest tier in February 2008. He received 60 days with early release to DRC and house arrest for 1 month plus 5 years probation. He completed the DRC program.
In Feb 2010 he violated probation by drinking with a BAC of .13 and spent 7 days in jail, was given a warning, and was to get the alcohol bracelet the next day.
Seven hours after he got out of jail he was arrested for a 2nd violation because of drinking. The judge had counted the warning. A Drug and Alcohol evaluation said he did not need inpatient rehab. He received 90 days of jail time and 90 days of Intense Probation with the original 5 years of probation to be reinstated and outpatient rehab.
After 20 days he received his 3rd violation for drinking with a BAC of .275.
Thank you .
There is no standard sentence for a probation violation, and although there is a mandatory minimum sentence for the DUI violation a Judge would not be bound to set the mandatory minimum as the sentence in the case - if the Judge found reasons, the Judge could increase the sentence.
Steven F. Fairlie, Esq.
Fairlie & Lippy, P.C.
1501 Lower State Road, Suite 304
North Wales, PA 19454
voice: (215) 997-1000
fax: (215) 997-1777