My friend was arrested 2 days ago. She is being charged with a DWI (BAC= .08) Poss. cs PG4 over 400 grams & Poss. of a Dangerous drug... She has a $21,000 bail and at least 5 other PAST arrests for possession and theft (these are dismissed/completed). She has been on deferred adjudicated and completed it, But last year was on probation for a separate charge and they revoked it and she spent 45 days in jail.
What is the likely hood of her getting prison time? I realize the severity of these charges alone but would still like experienced advise.
Anybody's guess at this point. It depends on what all the stuff is on her record and how long ago it was. It depends on the facts of the new cases. It depends on which DA is assigned. It depends on whose court she's in. It depends on the work of her defense attorney. Etc, etc. Once an attorney starts working her case, he can give you the best idea of realistic possible outcomes.
If there was not child under 15 yoa in the car or if your friend does not have at least two prior DWI convictions, then the DWI is a misdemeanor. Possession of a Dangerous Drug is also a misdemeanor, provided your friend was not charged with delivery of a dangerous drug. However, if the PCS charge is over 400 grams, then that is a first degree felony punishable by up to life in prison. The first thing that a good lawyer will do, will be to look at the circumstances of your friend's stop and detention by the by the police. The police officer must have reasonable suspicion of criminal activity to stop and detain your friend, and probable cause to arrest and search.
Tough question at this point. Everything will depend upon the underlying facts for the most recent arrest. Yes, the former criminal history will make it more difficult to defend the case. However, those issues alone are not enough to throw in the towel. I recommend you contact a criminal defense attorney soon and start building a defense or negotiating the least harmful options.