Certainly he can demand a retest of the urine sample or blood sample that police took. I have done this with a negative result on the retest. It is worth a try.
What was he under the influence of? Marijuana? Did he have a valid prescription for this? Was it another prescription drug that he actually had a valid prescription for?
Was there any Fourth Amendment violation that might allow suppression of all evidence? Was there a traffic stop that led to the charges? Was the traffic stop valid?
Often, the prosecution will fashion a plea bargain wherein one charge is dismissed in exchange for a plea to another charge. This might be possible in your brother's case.Ask a similar question
He needs an aggressive criminal defense attorney. Many of us on Avvo provide a free consultation. Get him some help ASAPAsk a similar question
If he has a gun charged attached to his drug charge, he has more to be concerned with than end of employment. He need to have an attorney so he can contest the positive drug test along with negotiating with DA regarding possible options. At this time the arrest will indicate both charges, so employer will be able to find out. But before they become convictions, he needs to consult with a lawyer.Ask a similar question
You should never admit to any criminal activity in a post. This is an open forum accessible to anyone, including law enforcement and district attorneys. In fact, you should not admit to it in a text, e-mail, facebook, and definitely not on the phone if you are in custody. If the employer did not know, the employer could now know about the drug charge because you post it here. This forum is open to all. Contact a criminal lawyer and talk to him/her in person.
OSCAR E. TOSCANO
Los Angeles Criminal Defense Lawyer
I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.Ask a similar question