My girlfriend is going to court on the 15th of this month for a DUI case. She is only 19 and refused to take the breath test when the police officer pulled her over. I heard it is legal to refuse to take the breath test, but if you are under 21 it basically makes you guilty because they have no other way to test for alcohal? Regardless, my real question is this... She is on probation for a felony that happened about 1 year ago. If she is convicted guilty of a DUI does she go to jail/prison? or will they be less hard on her since she's under age... possibly giving her mandatory counceling for drinking and more probation time/community service? Her felony was assault. I believe "assault with a deadly weapon" because she had defended herself from a friend in her house that was beating up on her; but she used a kitchen knife over 6" long. It's a long story...
She said a felony of that type carries a 2 - 20 year sentence, which they gave her 2 years probation for instead... if she's convicted of a DUI will they take away probation and put her in jail for the original felony?
Sorry for all the questions. I just hate wondering and I don't like bringing it up all the time with her because it's an upsetting topic to think someone you care about is going to go away for such a long time.
Any help is greatly appreciated! We live in Texas if that changes anything.