he is charged with aggravated driving while under the influence that resulted in death, aggravated driving while under the influence (class 4 felony) that resulted in great bodily harm or permanet disability, aggravated driving while under the influence (class 2 felony) of a combination of drugs, methylenedioxymethamphetamine
DUI / DWI Attorney
On the most serious charge (aggravated DUI resulting in death) your brother faces 1-12 years (assuming only one fatality). He will not be eligible for good time credit, meaning he will serve 85% of his sentence, and probation will not be available unless the judge finds very special circumstances. He needs to hire a very good defense attorney immediately.
7 lawyers agree
Criminal Defense Attorney
Your brother is facing far more time than he want to serve. The best thing you can do now is to help him retain an experienced criminal defense attorney to represent him.
San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
Divorce / Separation Lawyer
It is impossible to know how much jail time your brother is facing without knowing the exact charges filed against him plus any criminal background he already has. However, these are serious charges and neither you, nor he, nor anyone else should be discussing his case in this very public forum, or anywhere else in public or even in private with anyone but an attorney Your brother needs a lawyer right away. If he cannot afford a lawyer, one will be appointed for him at his first court date.
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This is one of those questions that is dependent on a few factors. How many people died in the accident? Is this your brother's first offense? First time charged with any sort of DUI or DWI? Were any of the drugs he was on prescribed by a doctor? And does he have a good attorney working for him?
Honestly, depending on how many people died or were injured, whether or not he has a good lawyer working for him, etc., your brother is looking at anywhere from 1 year to life in prison. Please tell him to invest in a good attorney immediately. A good lawyer may be the difference between life behind bars and potential release after a term of years. Good luck to you and your family.
With numerous felony state charges your brother is facing jail time which cannot be determined accurately at this time as the case and its sentencing with depend on many factors beyond the scope of this forum.
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