Criminal law question

[akafred]

Suppose someone was convicted of a misdemeanor, oh, let's say it is Boating Under the Influence. They plead guilty, sentence of 11/29 is suspended, they are on probation. Then they are arrested again 6 months later, let's say for DUI -third offense. Old BUI case is reopened. Probation revoked. What happens then? Does he go to jail for the full sentence? Or for what time is left on the probation sentence? Or something else?

Hypothetically speaking, of course.

[somebabiesmom]

He'll be resentenced for the old offense and receive a new sentence for the new offense. It's up to the judge or whatever deal the defense atty and prosecutor can work out. Some states charge the 3rd DUI as a felony with mandatory prison time. It depends on your state's laws.

[akafred]

Jan 31, 2017 14:44:40 GMT -5 somebabiesmom said:

He'll be resentenced for the old offense and receive a new sentence for the new offense. It's up to the judge or whatever deal the defense atty and prosecutor can work out. Some states charge the 3rd DUI as a felony with mandatory prison time. It depends on your state's laws.

Sadly it is not a felony until the fourth offense.

I guess I'm just asking about the BUI charge for now. Since he served half the probation time, would he go to jail for the second half, or does the clock restart or what? It says SOE if that helps.

Unfortch it looks like he is being or has been released to rehab. So IDK.

[mustardseed2007]

They have discretion here in Texas to make him serve the whole thing or any part of it.

[akafred]

mustardseed2007, somebabiesmom, do you guys know how to read rap sheets? I could PM you a link.

[mustardseed2007]

Sent you a PM

[akafred]

Thanks. YGPM back.

[somebabiesmom]

I don't know TX law so I'll leave it to you guys.

[mustardseed2007]

oh I don't think she's in texas. It's just all my knowledge of the law is from Texas so I always say "well in Texas it's like this...don't know what you're state is like!"

[supertrooper1]

When I read someone's rap sheet, it will say how much time is served for each violation. So if he was convicted of BUI, it will say time served plus time on probation. If the probation is violated, then it will show probation violation and punishment for that. Since this DUI violated his probation, it will just show the charge now, and if he pleads or is sentenced, the punishment will show up later next to the probation violation and DUI.

[mommyatty]

Rehab is not a literal get out of jail free card. They may let him go to rehab until his court date and then sentence him. Unfortunately from what I've seen, most people who go to rehab to get out of legal trouble just don't stay sober. They have this "oh, I don't really have a problem, the laws are just absurd" view. I've loved some of the "absurd" arguments, like the BAL is just too low, or that the BAL doesn't take into account that many people can drink a ton before "being drunk" (uh, no they can't, that's a myth, even people with a pretty high tolerance who don't appear drunk have impaired reflexes).

I would hope the fact that he harmed a mother and her child this time will have an impact on the judge. And if they are revoking probation for this, it's very likely he will serve significant jail time.

[akafred]

I hope you're right.

I don't know what his BAC was yet, but he got out of the car and vomited twice. Perhaps trauma can do that? But if it was "just" the alcohol, supposedly vomiting doesn't happen until around 0.15, which is almost twice the legal limit. So yeah, he was pretty impaired. He claims he hydroplanes into my lane but how do you hydroplane on a hill where there is no standing water? He could have slid in, but I honestly think he just drove in the wrong damn lane. He was apologetic at the scene. He even sent me a text saying he was sorry and glad we weren't seriously hurt.

The woman at MADD said she was surprised he was arrested at the scene. He must have either admitted to being drunk (which was not in the police report if he did) or must have been very obviously drunk. She said nowadays they usually wait until the blood test comes back to arrest and charge the driver because if it does come back clean then they can sue for false arrest. She also said it takes months for the blood test because they are so cautious now they run it backwards and forwards with several methods because criminal defense attorneys are "too good at their jobs" (lol I know some of you will love that) and have gotten the charges dropped a lot in these cases. She said in rural counties it can take over a year for blood work!!!

[supertrooper1]

It's interesting how it varies from state to state and county to county. My county will arrest on a sobriety test and breathalyzer. Once they get to the jail, they to the BAC. Not sure how long it takes for the results of the BAC, but the person stays in jail until they make bail.

This is a change based on technology and a lawsuit in my county about 10 years ago. A man was found to be DUI, so the deputy drove him home and left his car on the side of the road, waiting for a tow truck to impound the car. The man grabbed a second set of keys, made it back to his car and drove away, still DUI. He hit and almost killed a person. Deputies no longer just drive someone home, they go to jail.

[akafred]

I think he consented to field sobriety and blood test. I do not think they did a breathalyzer. But I could be mistaken and that is why they did the arrest. But if they did it did not make it into the police report. It says "Test 1" method was "whole blood" and "Test 2" was for drugs and it says, "Blood test" and lists results for both as "pending."