If he is found guilty of the second, he will have violated probation for the first charge. As a result the PBJ will likely be stricken and he could face up to one year in jail for a DUI and 60 days for a DWI, the balance of any suspended fine and 12 points on his driving record.
He would face a potential of one year on the second as well unless subsequent offender papers were filed against him which could lead to even more potential jail time. There could be fines as well as points.
That is a worst case scenario. It is likely if he is found guilty on the second he will receive a short period of incarceration, fines and will face license suspension or revocation and will have to have ignition interlock to retain driving privileges.
There is a lot riding on the second charge and he would be well served to speak with counsel to prepare a strategy for the matters.
There are many possible outcomes. However, for the violation of probation he will be facing the potential jail time of the charge for which he was guilty. He should contact me or another attorney immediately, as there are several collateral consequences which should be addressed, as well.
If convicted, your friend might be sentenced to two years on the new charge followed by an additional year for violating probation for a total of three years in state prison. Of course, the state has the burden of proving the new charge beyond a reasonable doubt and the probation violation by a preponderance of evidence. While it is possible that your friend might not do any time, if the state fails to do its job, it is likely that any court would impose some incarceration, if your friend it convicted or found in violation. How much depends on a lot of things, but mostly it depends on what your friend does before sentencing to address his drinking problem.
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Your friend is facing two potential issues in criminal court and additional issues with respect to his driver's license. In criminal court, whether he is facing a violation of probation (VOP) will depend on whether he was on probation at the time of the second DUI charge. If the unsupervised probation was for less than 7 months, (unlikely, but possible), it will not be a violation. In addition, if friend is found not guilty of the second DUI charge, it is possible that your friend will not be in violation of the first DUI offense. It will depend on whether there were any specific conditions imposed by the judge on the unsupervised probation. Whether your friend is found not guilty is fact specific to each case. If friend is found guilty of second DUI, and is on probation, friend will face a potential VOP and likelihood of jail in either the first ( as a VOP)/ second or both DUI offenses. The possibilty of going to jail, and for how long, is also fact specific and jurisdiction dependent. How your friend responds to the allegations can assist him at a sentencing hearing, but once again, this depends on the facts and the jurisdiction of the court. Please also note that there may be additional consequences from the MVA, and that your friend's ability to drive may also be affected
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