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
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
- 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.