The DMV will NOT issue you a license until you complete the alcohol class and show proof. DMV and court are two different organizations and just because the court stopped ordering you that does not do any good to your DMV side. You still need to complete your classes to get your license.
The short answer to your question is yes they can do that. Just because you weren't driving and blew a .06 does not mean the DA will not file on you but you have great defenses to your case, plus .06 is a low BAC and a good attorney can take it to dismissal or reduction. As a former prosecutor I myself have seen BACs lower than your been filed.
If you have a court date the I strongly suggest that you hire an attorney. Most of us offer free consultation. Call and discuss your case....
Yes it is called restitution. The person who hit your or your fiance's car will pay to the last penny. You need to contact the district attorney's office where the drunk guy has the DUI case, let the DA know that the are damages, give them your receipts, they will hold a Restitution Hearing and that way you could get your money back without getting it from your insurance and paying the deductible.
I agree with everyone. Do not make any statements, hire an attorney and the attorney will take care of the matter for you. This case is very fishy. Injuries could show up after a while and not necessarily at the moment but considering your speed and other facts it seems weird. Call an attorney. Most of us offer free consultation.
Sharon Paris Babakhan
Your case can be resolved by a dismissal or converting to an infraction by a professional, a lawyer. Trust me, you don't want to have a petty theft in your background. That will do so much bad to your future as far as finding a job, school, and etc. Public lawyers are good but they are way too busy and they will not devote the time your case needs, but a private lawyer has more time to come up with a good plan and get the best results for your case.
Any prior DUI can be used against you for 10 years, your prior is only 7 years so this one is considered a second DUI. For a second DUI, depending on the city where it occurred you are looking at 3 to 5 years of summary probation (unsupervised), $390 to $500 PA (which is about $2000 to $4500), 4 days of mandatory county jail (and you will serve all 4 days since it is statutory requirement), SB 38 which is the 18 month alcohol program and you may also get Madd or HAM program which are one day...
Let's look at your case in a more realistic way (instead of promising you the stars and the sky). You blew a 0.08 which is pretty low when it comes to DUI standards. Yes it is the legal limit but the machines are subject to a 0.02 error margin so it can be disputed. Also it depends on your FSTs, your driving pattern and your initial symptoms if any.
I suggest you hire a good DUI attorney. You have a case that can arguably be reduced to a wet reckless or depending on the jurisdiction to...
The best way is for your brother to retain an attorney. That way he doesn't have to talk about it with the investigators and will not make any incriminating statements. He has the option of declining to talk to the investigators but they will take action against him.