Son-in-law is on probation for 3rd time for family violence. Has also been on probation for DUI. He is now being charged with DWI/felony endangerment of a minor under15. There was a blood draw done and he had elevated levels of his prescription drugs in his system. He ran thru a wood fence, over 2 chain link fences, turned the corner, ran over a mailbox and hit a house(16,000 worth of damage to house). He had my granddaughter in the truck which was totaled. He might not even have a license or insurance.
Wow. He is in a LOT of trouble. Luckily his new charge is the lowest level felony (state jail) unless his punishment level is enhanced with a prior felony. This makes his maximum punishment on the new case 2 years in the state jail, which is essentially day-for-day although a small amount of good-time credit may be available. I cannot tell you his maximum punishment on the probation violation, because I don't know what level of family violence assault he is on probation for. Everyone should consider themselves lucky that the child wasn't seriously injured.
The family violence case is probably a third degree which means if revoked (on a deferred) he can get from 2 to 10 years in prison. DUI (which is probably DWI) is either a Class B misdemeanor or if there was a breath test of .15 or higher, a class A. If probation is revoked on those, he can get the maximum time for the level (which is 6 months for a class B or 1 year for a Class A). DWI with child passenger under 15 is a state jail felony which means 6 months to 2 years in state jail. His driving facts aggravate the case and it is not likely he will get a low offer.
Chances are, he is looking at time. He needs an excellent lawyer.
No one can tell you for sure, there are too many variables and facts that are unknown. However if he is on probation for a felony, and has multiple prior offenses and then picks up a new felony offense that involves the risk of death to a child, well prison is in the ballpark.
If you love him get him a good attorney. If you don’t well he is in the hands of fate.
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