Something doesn't add up. A normal offer I would expect for a second DUI would be 10 days jail and the balance of a year for probation. 3 months jail followed by 3 months probation would be harsh but not shocking or unheard of. A 5 year drivers license suspension also would be possible on a second DUI. Having a BAC of .02 would give him a presumption of sobriety (anything less than .05%) unless drugs (illegal or prescription) are an issue in the case. I would recommend that he either talk to an attorney or sit down with his public defender and find out more information.
I am sorry but your question is rambling and confusing. perhaps it is best if you call someone local (a dui lawyer) to see if they can answer your question over the phone.
Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at firstname.lastname@example.org and put AVVO in the subject line.
It would be best if you met face to face with an attorney to discuss these matters. The facts are a bit confusing as you relate them.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship.