My husband got arrested for his 3rd drunk driving last week. He was also driving on a suspended license. His previous drunk driving was back in Feb. He served 60 days for that charge. Im wondering if the 3rd offense charge will stick because his first offense was 2005ish. Last time they ended up dropping it to 1st offense. He is on probation because of his arrest last feb. Do you see him getting charged with a felony & going to prison over this?
This will almost certainly be charged as a third offense and he could very well go to prison. It is quite alarming that this is his second this year. He needs a good attorney and he needs to stop drinking and driving.
Yes, it is very likely, and this is very serious with the drinking and charges so close together. He needs to get an excellent attorney to help him with these charges, so that he can get into a treatment program that is actually effective. Consult with several attorneys, and then pick one that he feels comfortable with.
If he has two prior alcohol and or drug related driving convictions, this will likely be a felony. The prosecutor will review the information from the police department, and decide if it is a felony. Three offenses over lifetime is a felony. If it is a felony, which it likely is, your husband is likely going to be incarcerated if convicted. Felony OWI has a mandatory 30 days in jail. But because his last one was so recent, and he is still on probation for his last one, he likely will get more than 30 days. I strongly suggest he hires an experienced drunk driving attorney. Court's offer programs to assist defendants with substance abuse issues. Your husband can be proactive, which will help him in court. Again, an experienced attorney in this field can assist him in court, but also with the proactive steps.
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