I am assuming that your friend was on a deferred sentence for his first DUI, then he got his second DUI while on that deferred sentence for the first DUI, and now, he has been charged with a new, second DUI, either felony or misdemeanor, and an application to accelerate has been filed as to the first DUI.
The way a deferred sentence works is that the Court makes a finding that you are guilty; however, it defers a conviction for a period of time, and, if during that period of time, you stay out of trouble, then the case is dismissed, and you can later expunge the deferred — clean record. On the other hand, if, while you are on your deferred, you get into trouble, then the Court can accelerate your deferred — convict you immediately of the underlying crime.
In your friend's case, it is tricky to predict what exactly will happen, because outcomes vary case-by-case. Before the Court can accelerate your deferred, the prosecution has to prove a factual basis; however, the burden is not beyond a reasonable doubt, but more likely than not, which is a much lower burden, so I am going to assume that the prosecution can meet its burden.
If the prosecution meets its burden, then the Court can (1) convict you for the first DUI and put you in jail; (2) convert your deferred sentence to a suspended sentence — you remain out of jail and on probation but you take a DUI conviction; or (3) modify your deferred sentence in some way. Please note, that none of these options deal with the new, second DUI — in other words, you take a conviction on the first DUI and still have to deal with the second one.
In my experience, most often these situations resolve in plea agreements -- usually with a package deal for both the new DUI and the application to accelerate.
While it is hard to predict the exact outcome for your friend, I think with the two DUIs so close together, it will be hard to keep him from taking a conviction for at least one of them.
Please keep in mind that this is one attorney's opinion. Another attorney looking at the same set of facts might see things differently.
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