Luke VS The law (Guess his sentence & win a prize)

A friend of mine, who I will call Luke because that is his name, appears in court this afternoon and the bets are on as to what his sentence will be. Based on a few hours of research on the internet and having a limited grasp of Virginian Law, I am assuming there will be mandatory jail time.

The facts:
Luke was convicted three months ago for DUI. He lost his license for one year and was fined $250
Three nights ago, with his girlfriend and their child, aged 1, in the vehicle, he was driving drunk, flipped the vehicle and was arrested for DUI. I do not know what his BAC was. He has spent the last three nights in jail and is appearing before the court in 1 hour. (2pm EST, Virginia.)

Based on my research, I understand that a second DUI within 5 years has a mandatory 20 days jail time. But what if he was suspended for a previous DUI while he crashed the vehicle? What about the child in the vehicle? (The child wasn't hurt in the crash. Yes, he is an idiot. That fact is not in question.)

If I was the judge, I would put down my gavel, walk over to where he is sitting, give him a huge slap and tell him that he is a dickhead. Then lock him up for 90 days. I love Luke, he is one of the nicest people I have ever met, but seriously. If he gets locked up, I will probably take him cake but I am going to hand it to him while shaking my head and muttering "you idiot."

The bets are on:
Like that game where you guess how many jelly beans are in the jar and you win a prize, leave a guess below (use your twitter name as the name) and the closest to the sentence will win a 27b/6 prize pack. The prize pack has some good stuff in it and I will throw in an additional mystery prize.

and the sentence is...
(announced today after the 2pm court appearance, winner contacted via twitter DM)