Downers Grove, IL asked in DUI / DWI for Illinois

Q: 2 dui chrges-at court he was told to turn himself in on jan 26. he had like 2-3 wks to prepare. he also had 2 take a

breathelizer test. So he currently is serving time 4 the 2 dui charges. before he reported to jail he had to take that breath test for alcohol every morning for those 2-3 weeks he has been in jail like a few weeks-he was JUST told by his p.o. he tested positive one morning this was 6 days b4 going to jail. a court date is set for early march he is suppose to get released mid march. What normally happens in this situation for example would his jail time be extended? if yes, are there any other options?

Related Topics:
1 Lawyer Answer
Cary Dohman
PREMIUM
Answered

A: A lot of this depends on the facts and circumstances of the arrest and one's background. However, if an individual pleads guilty and then violates a condition of their sentence (for instance, to abstain from alcohol), then the prosecutor could file a petition to revoke the sentence and ask to have the individual sentenced to a more serious sentence. However, many times, an experienced lawyer can help to keep the current sentence in place.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.