How much over the limit are you if you blow 1.2?

Asked over 1 year ago - Punta Gorda, FL

My very very very stupid brother in law was arrested last night for dui 1st offense. He blew 1.2 in the breathlyzer, but he amazingly passed the field sobriety test with flying colors. How screwed is he?

Additional information

He just called from the jail and said he blew 1.2, I asked if he was sure and he said yes.

Attorney answers (7)

  1. Matthew Ryan Gunter

    Pro

    Contributor Level 11

    12

    Lawyers agree

    Answered . If your brother in-law blew a 1.2 into the intoxilyzer, he'd be dead. It's more likely he blew a .12 which would be one and a half times the legal limit.

    As for the field sobriety exercises; if he performed well on them, that evidence could be used to combat the presumption of impairment (being over .08). In other words, you're over the legal limit, but you're not impaired. It's important to note that this defense is applicable depending on how the state attorney files the charges.

    I'd suggest contacting a local criminal defense attorney to review your brother in-law's case. Good luck!

  2. Jonathan Hackworth

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . I would imagine you mean .12 because I would imagine 1.2, he would likely be in a coma. He needs to hire a criminal defense attorney immediately because he only has ten days to contact DHSMV. My firm offers free case consultations in these matters and has handled many, many DUIs similar your brother in law's situation. My cell phone number is 813-830-2261. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  3. Timothy F. Sullivan

    Contributor Level 13

    9

    Lawyers agree

    Answered . I presume you mean .12 (1.2 and he'd be dead). A .12 is 1 and 1/2 times the legal limit.

  4. Jason Michael Reid

    Contributor Level 13

    8

    Lawyers agree

    Answered . That depends on a lot of factors, consult with a local attorney for him to discuss his case in detail. Our firm handles cases in Charlotte County and up the coast and we would be glad to discuss his case with him.

  5. Charles B. Upton II

    Contributor Level 15

    8

    Lawyers agree

    Answered . Contact a local criminal defense lawyer. This is serious. Good luck.

    My answer to your question does not create an attorney-client relationship.
  6. Amanda Salcido

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . A DUI case is one where you definitely want to hire an attorney experienced in DUI cases. It is one of the more complicated, science-specific areas in criminal law. The penalties are harsh-administrative and criminally. Most DUI lawyers offer a free consultation.

  7. Jason M. Melton

    Pro

    Contributor Level 13

    Answered . I'm suspicious about your saying he "passed" the roadside exam; how would he know? Further, as a general rule drivers are not taken to the station to "blow" unless they have already been taken into custody for DUI(this would have usually included a roadside evaluation by officer)

    As for the "1.2", I'm sure you meant .12 - the "limit" is .08, so by that standard he'd be 150% of the number.

    Please encourage him to hire a competent lawyer, these cases can be complicated, but with enough preperation and work, results can be produced.

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