should have a copy of your son's entire criminal record
. So, yes, both the prosecutor and the judge should know about his prior offense.
This offense, even if it is his second alcohol related offense is a less serious offense than a DUI. You can see the Indiana law here:
Public intoxication prohibited; failure to enforce by a law enforcement officer
Sec. 3. (a) Subject to section 6.5 of this chapter, it is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication
caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9), if the person:
(1) endangers the person's life;
(2) endangers the life of another person;
(3) breaches the peace or is in imminent danger of breaching the peace; or
(4) harasses, annoys, or alarms another person.
(b) A person may not initiate or maintain an action against a law enforcement officer based on the officer's failure to enforce this section.
A class B Indiana misdemeanor can be punished by up to 6 months of jail and a fine of up to $1,000. I do not see jail as a real possibility in this instance, despite a DUI in another state 2 years ago. He's going to end up with a fine, and I would not expect even the amount of the fine to be enhanced due to a two-year old DUI in another state. This time, he was not driving. He was likely just disorderly