2nd DUI, inconclusive facts, they want to make a deal??? If they will let him stay out of jail and retain the ability to drive to work that would be a great deal. If they want to fry him over his 2nd DUI and their evidence isn't that strong he should hire an attorney. He should most likely hire a local attorney anyway, as sometimes the attorney, prosecutor, and judge all know each other, and might be more-willing to offer a deal. A 22 year-old nephew of mine got 60 days in the county jail where he lives for his 3rd DUI, plus a 3-year driver's license suspension, so your brother might get a better deal then 21 days plus a license suspension.
And yes, the government has way too much control over our daily lives, and there is very little that an individual can do about it. The sooner that you get used to that idea, the better for you. Even if you move to the backcountry and hideout, these days they will still see your campfire smoke and heat signature on the infrared, and someday a ranger-type will come snooping around, or they will save some money and watch you from outer space. They know your bank and credit accounts and they know how much that you spend. A large percentage of urban America and many major rural highways are now covered with security cameras, and that percentage is growing. The power company knows how much power that you use and they compare your usage against both your neighbor's use and against previous use too. They know how much money that you make. And as technology increases, government control is only going to get worse.
So have you're brother hire an attorney and quit worrying about stuff that you have no control over. You will more quickly progress towards your freedom if you concentrate on changing the things that you have the power to change.
"We stay here, we die here. We've got to keep moving". Trucker Mark