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 advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions
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!
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.
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.
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.