This is a serious situation, and there are two separate things happening at the same time: the probation violation and the new DWI 3rd offense.
How long until he finds out?
- He should have a first appearance within a few days of arrest
- The probation violation hearing usually happens within a few weeks
- The full case (including the new DWI) can take weeks to a few months to resolve
So you will likely start getting answers soon, but final outcomes take time.
What he is facing:
1. Probation violation
Since his probation was already for DWI:
- The judge can revoke probation
- He may have to serve the remaining time from his original sentence
2. New DWI 3rd or more
- This is usually a felony
- It can carry additional jail or prison time
- The court will take repeat offenses very seriously
Will he go to prison or stay in county?
- If the total sentence ends up under a year, he may stay in county jail
- If it is over a year, he will likely be sent to state prison
What matters most:
- How much time was left on his original sentence
- The state’s laws for repeat DWI offenses
- The judge’s decision
- Whether there are any treatment options presented
Best case scenario:
- Some time served plus strict conditions and treatment
Worst case scenario:
- Full probation revocation plus additional time for the new charge
Bottom line
With a third DWI and a probation violation tied to DWI, the chances of significant jail or prison time are high. You should start getting clearer answers after his first hearings, but expect the court to treat this very seriously.