ex wife charged with second dui ......

What is the name of your state? VA.

ex wife charged with second dui in ten years with a passenger fatality in this one. Single car accident, she was the driver. When they indict her how many days will she automatically have to serve for her second dui in ten years? Should I file for full custody when she is charged with dui and vehicular manslaughter or after she is sentenced? Right now we have shared phys. and legal custody. Niether one of us is a custodial parent.

make your motion to obtain custody sooner than later. Is she out on bail? Is she still driving?

She is out on bail. There is a loophole in the va dui laws. If you take a breathilizer at the scene then you are automatic to serve those mandatory days. She was not able to because of her condition, they took blood at the hospital instead. Those mandatory days will be added at her sentencing. She has been indicted by the Commonwealth of Va. for 2nd. DUI in ten years, Aggravated manslaughter and involuntary manslaughter. She has a hearing Nov. 18th and her trial would likely be early January, hopefully late December.

Stephen is correct petition the court for custody now, that is what the judge said in your other thread, now that she has been indicted and since there is a flight risk since she was already planning to go to California.