He is going to have a problem here even if the officer did not charge him DUI because he can be charged with minor in possession of alcohol on top of the failing to report the accident and if he is then he could lose his license for up to one year for this as well as the 60 days in jail (which realistically they generally do not send someone like your son to jail on the first offense). But PLEASE, do your son a favor and do not make excuses for him ("he has not had luck the last few years" "I know it opened his eyes" "he didn't mean to do it) because this merely enables him by giving him excuses. Yes, I am sure you believe he will not do anything like this again and hopefully you are correct and he will not do anything like this and in many cases your belief would be correct. He needs to take responsibility for his actions without any excuses. It happened and he needs to look at why it happened, he can be mad at you all he wants, you need to drive home with him why it happened and if the judge sees he has take accountability for the actions without excuses, this generally makes it easier on him. An attorney in most cases can negotiate with the prosecution to get a deferred adjudication with probation (especially since he is going into the military) where this will not go on his record.
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