drinking and don't remember

My brother was originally charged w/auto theft, avaiding police officers & DUI. After the arraignment the auto theft charge was dropped, the other two stayed. His blood alcohol limit of .346 & claims he did not steal the vehicle & was not the driver and does not recall anything, he was too drunk.

He is currently in custody & awaiting trial. My other brother who was with him states that their friend was the driver, he took off on foot and left my two brothers to fend for themselves. We have three witnessed identifying the friend as the driver. My brothers fingerprints were not found on the steering wheel and hired a toxicologist to testify on his defense that he could not have made 14 turns under that level of intoxication.

The DA only has a police officer that states that he saw my brother as the driver. One the day of the trial arraignment the DA questioned the friend that was driving and the friend told the DA that he was drunk when he was questioned by the police, days after the incident.

What are the chances of my brother winning the trial? He has no criminal history, has a job, graduated from HS and has some college.

Is there a possibility that the DA will drop the case as the only evidence that they seem to have is the police officer's statement that he saw my brother as the driver. The other witness, the actual driver, told the DA that he was drunk when the the police officer questioned him days after the incident. He has a criminal history and is currently on parole.

Any thoughts?

[randalljd]

He needs to hire counsel, have the evidence reviewed and if it corroborates what you say here, he may very well get off,