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Breath & Blood Tests in Savannah

Challenging Your DUI and the Evidence Against You

If you or someone you know has been charged with DUI, the most important thing you can do is to call a competent Savannah DUI attorney immediately. All DUI arrests are subject to an automatic license suspension and must be challenged within 10 business days of arrest. In addition to possibly being able to avoid the license suspension, valuable evidence can be gathered at the license suspension hearing which may otherwise be lost. It is crucial to consult with an attorney who is familiar with the DUI enforcement laws and focused on representing those accused of DUI as soon as possible.

The Schneider Law Firm in Savannah is dedicated to protecting the rights of individuals who have been charged with DUI in Georgia. Whether or not you are from Georgia or another state, it is critical to the outcome of your case to obtain the best possible representation you can.

Schedule a case evaluation today to get the legal guidance you need!

Breath and Blood Tests Challenged in Court

In the state of Georgia, as in most states, one of the main pieces of evidence in a DUI case are the results of forensic breath and blood tests.

Legal BAC in GA:

  • The legal limit in Georgia for driving a vehicle with alcohol in your system is a 0.08% blood alcohol concentration (BAC) if you are 21 years of age or over.
  • The legal limit for those under the age of 21 is 0.02% BAC.
  • Commercial drivers 21 years of age and over have a legal limit of 0.04%.

Breath and blood tests are not foolproof. They can be inaccurate and are challenged in almost every DUI case.

The method of testing, when a driver is tested, the calibration of the breathalyzer, and the chain of custody of the blood tests are often challenged for their legality. Many times, when properly challenged, the results of breath or blood tests can be inadmissible at trial due to irregularities or improper administration of the tests. A qualified, experienced DUI attorney can cast doubt on the results of breath and blood tests in a variety of ways, which can result in their inadmissibility. When the results of breath and blood tests are thrown out and not presentable at trial, the prosecution's case falls apart and our clients can gain a dismissal of the case.

Refusing a Chemical Test: What You Should Know

There are three forms of chemical tests used by law enforcement in Georgia: the blood test, the breath test, and the urine test. As the names suggest, each one works by taking a small sample of one of the three sources from you and testing it for alcohol concentration. Using whatever results they find and comparing it to your body size, weight, and type, they extrapolate and determine if you are drunk or not. If worse comes to worse, you are found to be unlawfully intoxicated and you are charged with driving under the influence (DUI).

But don’t you have the right to refuse to take a chemical test? It is fairly intrusive, after all, and it is technically collecting evidence against you through a search and seizure, albeit from your own body. And, it is true, you can refuse to take a chemical test. But, as basically any DUI attorney will tell you, refusing a chemical test is not a good idea.

Implied Consent & Immediate Penalties

Stopping the police from getting evidence to use against you sounds like a good idea on the surface. When it comes to preventing a chemical test, though, it can spell your own undoing. Due to Georgia’s implied consent law, which states you agree to chemical testing so long as you are driving on a public road, refusing to take a test can trigger an automatic 1-year suspension of your driver’s license. Do it again, and the suspension could be 3 or 5 years long. Intoxicated or not, refusing to take a chemical test causing this suspension.

On the other hand, if you take a chemical test and the result is 0.08% BAC or above, don’t panic and lose hope just yet. An experienced DUI attorney can challenge any chemical test, for they are not perfect. Problems with the machine, how the test was conducted, and how the samples were extracted and stored can all make the results inaccurate and unusable.

If you have been arrested for driving over the legal BAC limit in Georgia and need legal help, call 912.385.0854 to connect with The Schneider Law Firm. You can also request an initial consultation with our Savannah DUI attorney to get a rundown of your legal options.

Let Our Former Training & Experience Work for You

As a former prosecutor, Cris Schneider is fully trained in the laws of DUI enforcement. He also has the following credentials that back his solid reputation:

  • Ttried hundreds of cases
  • Named one of the top 100 trial attorneys in the country
  • More than 15 years of experience in criminal law

The excellent service our firm provides to our clients is second to none, and can be the difference between being convicted of DUI or having the case dismissed. Contact us today to schedule your free evaluation.

Time is of the essence when fight a DUI charge. Do not delay in speaking with a criminal defense attorney who is capable of handling your case. Contact us today for more information.

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