Dany Villanueva was arrested in Repentigny early Thursday morning and faces charges of drunk driving, drug possession and breach of parole.
He is the brother of Fredy Villanueva, who was shot to death by Montreal police in Montreal North in August 2008.
Dany Villanueva has been testifying in recent weeks at a public inquiry into his younger brother's death, but proceeding were halted as Villanueva was admitted to hospital on claims of ill health.
Repentigny police say they stopped Villanueva's car for a routine check near the intersection of Notre Dame St. and Celine Dion Blvd.
The officers smelled alcohol and gave Villanueva a breathalyzer test, which he failed.
Upon searching the car, police discovered he was also in possession of a small amount of marijuana.
He was taken into police custody, along with two passengers in the vehicle.
He was released on bail Thursday after being charged with the three counts.
The breach of parole charge comes as a result of a pending case, where he has been charged with weapons possession. That case will be heard Nov. 15.
Villanueva has admitted to being a former gang member, and in 2006 was arrested and charged for armed robbery.
Villanueva immigrated to Canada from Honduras and does not hold Canadian citizenship.
In January, Canada's Border Services Agency began proceedings to deport Villanueva because of his criminal record. That hearing continues next week.
