Alcohol & Drugs: DUI, DWI Under the limit DUI, pre-trial probation, daily breathalizers?

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zombi2

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My brother was pulled over for a traffic violation early Feb. and blew under the minimum 3 times but was arrested for DWI and suspended license. He had to show up several days later to see an officer (I'm not sure what this was exactly) and even though he did, he received a letter in the mail regarding "failure to appear". His trial for the DWI isn't until the first week of April but he has had to show up at the courthouse every weekday for over a month now to take a breathalyzer. That part already confuses me as I had no idea a person could be barred from having alcohol even in their own home and before even having a trial. On top of that the courthouse is over 20 miles away from his home and not only does he not have a car but he is not even legally allowed to drive. Somebody has to drive him every day but of course we are not always able to do that. He's had to miss three so far (out of around 25 appointments) and found out today that he will have to appear in court on the 28th for parole violation because of those three missed breathalyzers.

In an appearance with a judge last week the prosecutor even tried to accuse him of driving to the courthouse himself everyday (he has not done that once) and wanted to revoke his bail because of it! This whole thing seems like some huge setup for failure. Why require someone who is not permitted to drive a daily 40+ mile trip to stop by for literally 2 minutes, take a breathalyzer, and leave? What is the purpose of these daily breathalyzers anyway when any alcohol consumed would be in his own home? And why can it not to be done at the local clinic? They must know that given the circumstances there was no way every appointment could've been made, was that the whole point? And this all pre-trial! If he takes it to jury and is aquitted then what is the justification for all this? The gas money alone is ridiculous and this whole thing seems completely rotten. I'm not normally prone to conspiracy theories but this just seems to have no purpose other than to get him for something additional: like failing the breathalyzer (what would the charge even be if that happened?) or hoping to catch him driving himself to the courthouse, or an appointment inevitably missed because he ISN'T driving himself? He's about given up at this point and I can't blame him. He is getting a very raw deal here
 
Has he talked to a lawyer?
 
The inconvenience of the daily check-ins has everything to do with his parole status, not the DWI.
It is likely a condition of his parole to not consume ANY alcohol.
There are terms that your brother agreed to adhere to in exchange for his early release from custody.
 
My brother was pulled over for a traffic violation early Feb. and blew under the minimum 3 times but was arrested for DWI and suspended license. He had to show up several days later to see an officer (I'm not sure what this was exactly) and even though he did, he received a letter in the mail regarding "failure to appear". His trial for the DWI isn't until the first week of April but he has had to show up at the courthouse every weekday for over a month now to take a breathalyzer. That part already confuses me as I had no idea a person could be barred from having alcohol even in their own home and before even having a trial. On top of that the courthouse is over 20 miles away from his home and not only does he not have a car but he is not even legally allowed to drive. Somebody has to drive him every day but of course we are not always able to do that. He's had to miss three so far (out of around 25 appointments) and found out today that he will have to appear in court on the 28th for parole violation because of those three missed breathalyzers.

In an appearance with a judge last week the prosecutor even tried to accuse him of driving to the courthouse himself everyday (he has not done that once) and wanted to revoke his bail because of it! This whole thing seems like some huge setup for failure. Why require someone who is not permitted to drive a daily 40+ mile trip to stop by for literally 2 minutes, take a breathalyzer, and leave? What is the purpose of these daily breathalyzers anyway when any alcohol consumed would be in his own home? And why can it not to be done at the local clinic? They must know that given the circumstances there was no way every appointment could've been made, was that the whole point? And this all pre-trial! If he takes it to jury and is aquitted then what is the justification for all this? The gas money alone is ridiculous and this whole thing seems completely rotten. I'm not normally prone to conspiracy theories but this just seems to have no purpose other than to get him for something additional: like failing the breathalyzer (what would the charge even be if that happened?) or hoping to catch him driving himself to the courthouse, or an appointment inevitably missed because he ISN'T driving himself? He's about given up at this point and I can't blame him. He is getting a very raw deal here


I suggest you stay out of this. Simply tell your brother to discuss this with his lawyer. If he can't afford one, ask the court to appoint one to assist him. If he as a lawyer, its unethical for other lawyers to discuss his case with him. Its also stupid of him to seek the advice of others (even if they aren't lawyers), as opposed to\seeking the counsel of his own attorney.

Bottom line, he must be patient and do exactly as he is told. He's already on paper, and as Moose advised, he knew what he shouldn't have been doing. This can be fixed, but he must be patient and do as he is instructed, NOT because of this issue, but because he's already on paper.
 
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