Asked 4 months ago - Punta Gorda, FL
FlagMy 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?
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!
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.
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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