Q: My brother got a dui in December 2016 then another in February of 2017 with his 12 year old son in the car.
How much jail time is he looking at and is there anything a lawyer can do to keep him out of jail???
A: The answer depends on whether he was convicted of the December DWI before he was arrested for the DWI with a child passenger. Typically, a first DWI with no prior convictions does not get assessed any jail time with probation. Similarly, the state jail felony charge of DWI with a child passenger does not require jail time as a condition to probation even though he is facing from 180 days up to two years. Jail time with DWI probation is mandatory with a sedond DWI. Your question does not make it clear that he was convicted for the first DWI before he was arrested for the second DWI in order for jail time to be mandatory. Therefore, it is extremely important that you hire someone that can properly navigate the nuances of DWI law.
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