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.
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
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.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
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.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
He is looking at up to 14 years, so long as there was only one death and he has no prior felonies. He could get probation, but only if his attorney can prove that there are exceptional circumstances to warrant this.
DUI DUI defense DUI as a criminal offense Imprisonment for DUI DUI sentence DUI charges DUI probation Aggravated DUI Driving under the influence of drugs Credit Criminal defense Criminal charges Felony crime Crimes against society Defenses for criminal charges Criminal court Criminal sentencing Warrants and criminal charges Probation for criminal conviction
Sign up to receive a 3-part series of useful information and legal advice about DUIs.