Hi - my name is ***** ***** I'm a Criminal
Law litigation attorney. Thanks for your question. I'll be lad to assist.
You really should put the most stock in the advice of his attorney because he knows the facts, the probability of prevailing and how re judge will deal with this. So, it's difficult to say that the lawyer you hired isn't giving you th best advice and acting in your best interest.
When you have someone blow that high, nearly twice the legal limit, that's tough to win. Also, it doesn't matter that he wasn't in the vehicle at the time the police arrived and it doesn't matter if no one saw him driving.....if the circumstantial evidence shows he was there and there was no other person around that could have been driving, he's going to be considered the one who was driving.
Thus, your lawyer is likely trying to get a sure thing instead of the maximum penalties the judge can hand down if he goes to trial and loses.
So, your son likely should listen to his lawyer....and if there are any specific issues about the deal that concern him, he should talk to his lawyer.