2nd DUI while on Probation

[obxsurf]

What is the name of your state (only U.S. law)? Virginia

My friend just got his second DUI while still on probation for his first. All courses and fines were completed first DUI when he got his second. His probation period was not due to end until January. What realistically he he looking at in terms of fines and sentencing?

Thank you for your help

 

[FlyingRon]

On the second, ten days in jail (actually probably only serve 4 or 5). On the probation violation, that's highly up to the judge. Was his license still revoked or restricted? Hooboy...some judges don't take kindly to that. You can expect any suspended sentence from the first DUI to "unsuspend" itself.

 

[obxsurf]

Thank you. His license was restricted to to and from work and to and from ASAP classes. He was arrested at 2am, so he definitely was not on his way to or from work or the classes. Also, his last DUI involved destruction of property (don't know if this will hurt him more). There were 2 charges last time each with a 90 suspended sentence. How is that likely to come into play in this case.

 

[obxsurf]

Oops sorry just say your reply regarding the suspended sentence. Both charges got him 90 suspended running consecutively. Will the destruction of property become unsuspended as well?

 

[FlyingRon]

Like I said it CAN. It depends on the judge, but a couple I know would be glad to hit him with jail for violating the restriction and I can guarantee that they'd not have any problem with the maximum since it was a second DUI.

 

[obxsurf]

Sorry I don't know the law, but what would the maximum be for violating the restriction? The arrest report only shows the DUI charge currently, would the violation charge come later?