Legal Question in Administrative Law in California

I'd say two things about this question:

First, it involves criminal law, not administrative law, so LawGuru will be sending it out to a smaller group of lawyers, and indeed, they'd be, for the most part, lawyers who haven't practiced criminal law.

Next, however, I just might know the answer, 'cuz I worked in the Public Defender's office as a law clerk when I was in law school. I'd say that it depends upon (1) the terms of his parole, which may state that it may be revoked if he is convicted of another offense; (2) whether the open container of alcohol ticket(Vehicle Code section 23223) is an infraction or a misdemeanor as charged; and perhaps (3) what the judge thinks of him as a person upon hearing the matter in court, i.e., whether the jail or prison is where he needs to be, or if this minor mistake can be overlooked.

I would advise that he make the best possible clean-cut and regretful impression on the court and the parole officers, and that will maximize his chances of being given another shot at parole.

I'm on the administrative law panel but I have 28 years experience practicing criminal law. Yes it is possible that he could serve more time. Among the questions I have are whether he is on state parole or post conviction release. Also I would want to know the nature of the crime he is on parole for. Is it a serious crime? Did it involve alcohol? Also what is his experience on parole? Is this a first violation or does he have numerous violations? How does he get along with his parole officer? What is his experience with alcohol? And perhaps, most importantly who is the hearings officer and what side of the bed the officer awakes on on the day of the hearing.