Livingston, TX Criminal Defense Law Firms & Lawyers

The cops have to have probable cause to arrest and charge your husband with a crime. If they do, they can take him in to custody. That much of what the cop said is true. However, once your husband is taken into custody, a magistrate would then be able to determine whether to set bail in your husband's case. Unless your husband has a significant criminal history, it is pretty likely that the magistrate would set bail in his case. Once bail is set, you would then contact a bail bondsman. Once you pay the bondsman's fee (usually about 10% of the total bond set) and the bond is posted, your husband would be released. He would then be expected to attend periodic court settings (usually once a month or every couple of months depending upon what county you live in).  So, yes, if he is charged with a crime, and arrested for it, he may be taken into police custody. But, he would not necessarily have to spend any protracted length of time in there, provided you are financially in a position to bond him out.  Be careful: if your husband pays for the fence he may still be arrested and charged with criminal mischief (the likely offense). In fact, if he paid for the fence, and later claimed that he didn't damage the fence, the fact that he paid for the damage could be used against him. 

You can probably negotiate the driving on suspension to be dismissed in exchange for pleading guilty to the second DUI. Minimum penalty is 10 actual days of jail, with some discretion to allow community service, home confinement or in-patient treatment, around $1,600 in fines, cost of probation, treatment, and no driving for 2 years, with an interlock required when you get your license again. If charged with a Class A misdemeanor for a second DUI, your maximum penalty is a year in jail, $4,500 in fines.