How long will he go to jail for?

Question

my husband was in a car accident, that was the other guys fault.(cop said so, police report says so) Only my husband had no liscense, driving on a suspended, was drinking earlier that night, car was uninsured. Everyone was injured,my husband broke his hip, and he was the least of all injuries. They are getting him with a second offense dui(previous one was 9 years ago)involving injury, and driving on a suspended. How much time do you think he will get? This happened in WV. Please help!!!

Answer 1

this is kind of a sucky situation since your husband got a second OWI because some other guy couldnt drive and had to swerve. but i believe you should have had more control over your husband since he doesnt have a license....couldnt you have done the shopping instead? since its the second offense and spaced far apart from the first....i would guess higher fines than the first, longer probation, and a few days in jail. i dont think the punishment will be as bad as it could be since its not like he was on probation when this happened. this girl i work with, had five offenses before she was sent to prison....and she did  7 months of her prison time doing impatient treatment.

Answer 2

Sounds like an idiot. so maybe he should go for like LIFE?

But I dont think he will go to Jail for long enough

Answer 3

That's a deadly combination of things...

Next time:

1. GET YOUR CAR INSURED or things can get pretty expensive

2. Tell your husband to take the bus until he gets his license back

3. Your husband should be more responsible

The cause of the accident was the other man's fault but circumstantial evidence pointed its finger at your husband out of dumb fate.

Answer 4

He was driving with no License,Insurance and drunk? What he did was break the Law and now has to take Responsibility for his Actions, even though the Accident was not his fault.

You know,even though I feel sympathy for you, he should be punished to the fullest extend.

We have laws to protect Innocent people.

Answer 5

Driving drunk and unlicensed, no matter what anyone says he is fully and completely responsible for all harm in this incident. He had no legal right to be there and in all probability had he been obeying the law there would have been no accident.

Depending on the scale of the injuries and property damage, expect anything from 6 months totwo years behind bars and a savage "suspended sentence".

Answer 6

At least 2 years madatory.

Answer 7

sounds like in this case it doesnt matter that it is the other guys fault.  your husband will more than likely be found at fault because he had been drinking.  if you are under the influence and in an accident with injuries... it is a felony.  and he shouldnt have been driving in the first place.  there are enhancements for priors.  he is definitely looking at jail time but its hard to say how much.  i would say a couple years maybe.

Answer 8

Your husband needs a Lawyer ASAP a criminal specialist check your state BAR website for a lawyer that is a specialist. (not a family or civil lawyer) a criminal specialist. Or at least ask for a PD.

Answer 9

If he was drunk, it should automatically be his fault, he should have never been on the road in the first place.

Answer 10

probably not enough.

Answer 11

Probably not very long. I have seen people with their 3rd or 4th DUI and only get 6 months. He needs to go to AA meetings and get help with his drinking tho. Otherwise he may do prison time if it happens again.

Answer 12

Pursuant to West Virginia Statute:

DUI―Alcohol or Drugs, Second Offense: You face jail time from six months to one year, fines from $1,000 to $3,000, and license revocation for 10 years (or one year followed by mandatory Interlock Program participation).

The driving on Suspended and no proof of insurance will most likely be combined with the DUI, or if not, they will be fines and he will possibly be given community service upon release, or credit for time serves for the DUI.

This will all depend on his attorney and the negotiations between the prosecution and defense.

Answer 13

This is highly and extremely serious.He will be out in 5 years on a 20 year sentence with over 5000$ in fines not to mention

potential lawsuits that will be 6 digits.

Only thing worse is premeditated manslaughter.

Answer 14

proabably from 6- 14 months in jail.

Answer 15

5 years, but I wish it was more- are you kidding me!!!  What you need is some help thats for sure.

Answer 16

hes most likely looking at 9 months and a whole lot of programs to attend when he gets out, including probation for a few years

Answer 17

On the second D.U.I. charge he will get between thirty days to a year in jail depending.  The accident becomes his fault automatically if he was driving withour a license, drunk and without insurance.  This is a civil matter however and will only come up when the other driver's insurance is tapped for the accident.

Answer 18

4 months or

$2,000 fine + unable to get a drivers license forever (forever is what i hope... driving without a license is like saying i ...)

Answer 19

up to 2 years

Answer 20

they probaly would be letting him go home soon,speak with a lawyer.

Answer 21

The latter part of your question will define his sentence.  Usually in DUI cases, it all depends on where you live, and what the current status is of the offender.  Meaning past arrests, probation status, etc. Many states have been getting tougher on DUI cases, as they should be.  We all know that drinking and driving takes lives.  

Now, what your options could be is, if he hasnt been on probation, and he is lucky enough to get it, he needs to get himself in a 12 step program as well.  The bottom line is that your husband needs to WANT TO CHANGE...if he doesnt want to, then you'll surely see him spending a lot of time in jail when he kills someone. And the way the story usually goes, the drunks live through the bad ones.  If he can carry that kind of guilt, then good luck.  But like I said, since this is his second there may be some state/county time served in jail, as well as all kinds of fines for the other "minor" offenses.

Explore your options with his lawyer.  BUT REMEMBER HE HAS TO CHANGE!!!!

Answer 22

WELL THEY WILL FIND HIM AT FAULT, if he didn't have a license even if the other guy was wrong. he was drinking , car not uninsured. my girl friends boyfriend got 4years. but it is up to the judge and if they had him on a norther from 9years ago, well the judge ant gonna like that. but you should be glad he didn't kill any one, or he would be looking at 35 or more. good luck. Betty.

Answer 23

well with all of that h**l be lucky to get 11 years and im not sayin that to be rude im serious

Answer 24

I dont know. But yes i think he should go to jail. Sorry

Answer 25

6 months to a yr if convicted lose of license for 5 years however their is the breathlizer that can be placed in the car and may get his licence after 18 or so months back.

that is about it.

Answer 26

Wow.......what the h**l was so important that he would endanger not only himself but all the other people on the road?  I believe people who behave this way need to pay for the actions....Unless someone was dying there is absolutely no reason to drive......None....so I hope the law jumps in with both feet....however with the over crowding he won't get enough time...

Answer 27

2 years, 5 years probation. He'll probably be charged for the accident as well, since he was drunk.

Answer 28

If this is real, Im sorry but he will get jail for maybe 5 years...

irresponsible people like you that let him drive like this and him to injure other people, should really stay in jail... but the government will give him only 5 to 6 years, with 3 years probation

Answer 29

6 years , may have probation period during jail time.

Answer 30

WELL IT DEPENDS MAN IF U GOT MONEY LIKE OJ DID THEN U CAN GET GOOD LAWYERS AND KEEP HIS BROKE *** OUT OF JAIL

Answer 31

depends

talk to a professional

here's a resource site:

http://alcoholism.about.com/cs/drive/a/a...