If I were the Judge I'd give you probation because it's your 3d drunk driving case.
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There is far too little information to give an informed opinion. If the prosecutor and judge are on board with the promise of a conditional discharge then the thoughts of probation should not be a big problem. The major issue is the judge and you should work with the lawyer to provide any information or documentation necessary to get the best result. Good luck.
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If even the judge isn't sure, no one else can be. The PSI will likely be negative reflecting what the PO stated.
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1. Stop drinking and driving
2. Take the case to trial, because under the new regulations if you catch a 3rd alcohol related condition you will not see a license for anywhere between 7 and 25 years depending on the totality of your driving history.
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