My boyfriend got his 2nd DUI charge a few days ago. His first was in October 2010 they suspended a year jail time on that. His PO violated him and he has 3 years and 4 months over his original charge of unlawful wounding from 2009. He hasn't had any dirty UA and he sees his PO like he's supposed to and also has a job now. What do you think they will sentence him too?

Hello v:

I can't figure out what you're saying... He got busted for a wounding in 2009 and got put on probation. He got a DUI in 2010 but that didn't violate his probation. Finally, he got a second DUI in 2011 and the PO violated him.

Let me see. TWO DUI's, within 6 months of each other, while on probation should result in him doing ALL his time in jail. Am I missing something?

Yes, I am. How did the FIRST DUI NOT result in a violation?

excon

The first one did violate him. He went in and saw his probation officer in Feb 2011 and at that time she violated him but it was after talking to her supervisor Im guessing and he was unaware of the violation until he got arrested for the 2nd DUI.

Basically when he was arrested for the 2nd DUI he had a warrant for the violation but he hadn't spoken to his PO since the middle of February. He was supposed to go in on Monday the 4th and meet with her I guess that's when she was going to violate him instead of calling and taking the chance of him running. Not really too sure.

Hello again, v:

Everybody I know who was violated KNEW it. Because your boyfriend didn't, there really wasn't a violation... That's good for your boyfriend, because this will, and/or SHOULD be considered his FIRST violation and not his second. That'll help some, but a DUI while on probation is ordinarily dealt with harshly. Other than an incompetent PO, I cannot imagine how the first one slipped through.

If you can afford a lawyer for him, I certainly would hire one.

excon

We had NO idea he got violated until I called the magistrate and they gave me all this charges and a felony probation violation was one of them. I don't know nothing about this! LOL.

Yeah definitely can't afford one he was the only one working so he'll have to get a public defender..

So basically what your telling me is he'll get all that suspended time from his original charge that put him on probation (3 years 4 months) and he'll also probably get the suspended sentence from the 1st DUI wich was 365 days?

Hello again, v:

Our posts crossed.

It doesn't look good. He violated, got a warrant, stopped reporting, and then got another DUI.

He's going to do some time - maybe ALL of it.

excon

I figured I been asking different people their opinions and most are saying its not looking good.. I kind of figured that though. 2 DUIs in 6 months isn't good at all for a regular person NOT on probation so I know its going to be even worse for him

Different people will come, but sometimes it takes several days, one can only "guess" what a judge will do, if he gets a judge who hates DUI drivers ( perhaps had a family member hurt by one) he may do all the time for the current DUI plus the 3 plus years from the first crime.

He will ( in my opinion) be doing some time, I would guess at least 6 months or more, but since he stop reporting then he may get the max.