There are a number of defenses to DUI.
The simple answer to your question is "It depends on his BAC" It could be ten days in the county or it could be 1 year in the state pen.
Have you friend contact a good DUI Defense Attorney. Click a link for more information
F. Dean Morgan, Esquire
The Morgan Law Firm
To add to what others have said, it also depends on how long it's been since his first DUI. If it's been less than ten years, he's in serious trouble. Depending on the BAC, it's anywhere from ten days to a year. But if it's been more than ten years, it's only five days to three months. And if it's been ten years since his last DUI, he could be looking at as little as probation.
So yes. Your friend needs an attorney immediately.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
He faces a mandatory minimum between 10 days and a year depending on his BAC level. Retain a private criminal defense attorney immediately. There may be a basis to fight on the fact he was not driving at the time. Good luck.
This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.
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