Please Help!

My brother was charged with DUI and child endangerment. This is his first offense, but does he need an attorney? This is what happened:

My son and I went to the store in his truck, came back home and as we pulled into my driveway the cops flashed their lights. He opened his door and asked the cop why he was being pulled over (traffic violation). Cop got upset, thought he smelled marijuana, told him to get out and handcuffed him. My son and I got out and they searched the truck, found a doobie which they believed was freshly put out. It was actually put out several hours ago. I know this b/c he didn't smoke it while at my house. The doobie was warm from being in the ash tray. We live in a warm climate and even coins get warm sitting in the ash tray in our car. They checked him for signs of being high and said he was, but how could that be possible if he smoked it hours ago? I watched them put in the back of their car, which one of the cops said meant he was being arrested. Then they told me their arresting him for DUI and he'd be released in a few hours (after processing). Come to find out after several hours of waiting for his call, they charged him with child endangerment as well so we had to bail him out. The cops even had the nerve to say we were smoking marijuana while my son is in the car with us!!! I don't what kind of people cops run into, but we're not one of them. If the car did smell of smoke, my son, who's asthmatic, would have had an asthma attack right away b/c anything and everything triggers it.

those cops are bastards.."thought he smelled marijuana" and then he handcuffed him? WEll, I dont know abt lawyer, but he certainly need legal advice which he will find from a lawyer.

Sounds like your brother was most likely charged with possession of marijuana. Unless blood was taken, I don't think any of the other charges will stick. If your brother was drinking, failed field sobriety tests and then a failed a breath test, then he may be charged with Drunk Driving. As for the child endangerment, the State would have to prove that and based on what you wrote, I doubt charges would be filed. Anyone accused of a crime needs a lawyer. Good luck to you and your brother