Q: Hello. My husband got arrested tonight about a bench warrant. Back in July 2021 he got stopped for driving under suspen
He failed to appear in court for that.
I got stopped tonight while he was a passenger. They ran his s.s number and arrested him. He has had DUI's in the past 5+ yrs ago which is why his license is suspended. He owes child support too. They said in july 2021 the truck he was driving had fictitious plates but we didn't know that honestly. My uncle lent it to us to move in. We had no idea! His hearing is tomorrow at 1PM. Could he do time? The officer assured me that it was nothing to stress over and would be a misdemeanor with some fines.
A:
First of all, he is facing multiple DUI's, which, if occurred within 10 years of each other raises the penalties significantly. Then, the DUS, which is a blatant disregard of the law under DUI suspension is an M1 which carries a possible 180 days. Make sure he has insurance. The plates are the least of his worries, but ignorance of them being expired is no defense. That being said, there is a significant chance he will do some time, or hopefully a Driver's Intervention Program, or a split.
The arrearage on his child support would have to be high to get locked up, and if he's at least attempting to make payments he should be o.k. regarding jail time.
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