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I would make myself familiar with the circumstances of his DUI before arriving at any conclusions. As a disclaimer, let me say I have never had a DUI, nor has anyone in my family. I really don't have a dog in this fight, but here I go anyway - minor rant concerning the current state of affairs concerning DUI's.
It strikes me that this has become more than just a bit of a racket. An opportunistic, moral high ground and therefor unassailable avenue through which to fleece honest, moral, hardworking men and women. I've read many commentaries by folks who claim to be in the know, on the inside of this very profitable "business". I'm not sure how much money the average DUI pumps into the coffers of both the charging authority and the local bar association, but it is quite significant.
I'm especially suspicious of any DUI charged during one of these infamous holiday "emphasis patrols" or, worse yet, unconstitutional DUI checkpoints. With the timing of your BIL's arrest, it appears he may have fallen victim to one of these.
That said, you know him better than we do. You do mention you have observed his drinking getting worse. As such, maybe this DUI comes as no surprise, and you can use it as a springboard towards the help you have already observed he might need.
All of that said, I would like to wish you luck and your BIL well. Although I have been what I fully appreciate to be uncommonly blessed in this regard, I have seen far too many friends' and coworkers' families absolutely torn apart by alcohol. Best wishes for you guys.
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Jeff
'72 911T 3.0 MFI
'93 Ducati 900 Super Sport
"God invented whiskey so the Irish wouldn't rule the world"
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