When your brother goes to court on his very first court date, he can make application for a court appointed attorney. However, he has only 10 days from the date of arrest to request a hearing with the DMV, and the Public Defender will not help him with that case. He would be well advised to contact and retain an experienced Bay area DUI attorney.
If he cannot afford private defense counsel, he should ask the court to appoint him a public defender at the first court appearance.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..