DUI Defense

Savannah DUI Defense Attorneys

Serving Chatham, Bulloch, Liberty, and Effingham Counties

The moment when the flashing red lights of the police car appear behind you can leave a sinking feeling in your stomach. If you drink alcohol before driving, that feeling can get even worse. If it is determined that you have a blood alcohol concentration (BAC) level of 0.08% or higher, you are considered to be over the legal limit in the state of Georgia. Driving while over the legal BAC limit will likely lead to DUI charges and potential penalties.

Many people are unaware of several practical ways to challenge BAC test results. The lawyers at Scheer, Montgomery & Call, P.C. have extensive experience fighting against DUI charges. We have attorneys who, from firsthand experience, know that working in law enforcement, testing errors frequently occur. As a result, a DUI case is not always as clear-cut as the prosecuting attorney wants you to believe when seeking a conviction.

If you have been arrested or charged with DUI, please contact the lawyers in our Savannah office as soon as possible. For your convenience, our law office offers free consultations and will provide you with an honest assessment of whether we can help. Before you plead guilty to a DUI charge, call Scheer, Montgomery & Call, P.C., and let our experienced attorneys review your case.

What Kind of Comprehensive DUI Services Does Your Law Firm Offer?

After a Chatham County DUI arrest, you need skilled legal representation to help you fight the charges. An experienced DUI attorney will guide you through the legal process and help protect your driving privileges. A DUI attorney can also help you avoid jail time and being forced to pay steep fines.

Even though a first offense DUI is generally considered a misdemeanor, it can still haunt you for the rest of your life. If you are facing a DUI case, the most effective solution is to contact a Savannah, GA DUI lawyer who will professionally evaluate your case to determine your legal options. Scheer, Montgomery & Call, P.C. has a deep understanding of Georgia’s DUI laws and the skills required to craft a tailored criminal defense strategy.

Justice Starts Here:

Some of the comprehensive DUI services offered by our law firm include:

  • Aggravated DUI
  • CDL DUI
  • DUI Accidents
  • DUI License Suspensions
  • DUI Tests
  • Felony DUI
  • Multiple DUIs
  • Underage DUI

What Should I Do if I am Pulled Over for a DUI?

If you are pulled over for a DUI, there are several things to keep in mind. The first step is to remain calm and pull safely to the side of the road. After the police officer instructs you to do so, provide them with your driver’s license, proof of insurance, and vehicle registration. You must obey the officer’s commands, so you should avoid arguing with them or making any sudden movements. Although you are encouraged to be polite, you must avoid making incriminating statements, as anything you say can be used against you in court.

If you have been stopped on suspicion of DUI, there are several rights you should be aware of, such as the right to refuse field sobriety tests, as they are often unreliable and can be used against you in court. You also have the right to refuse a portable breath test, also called a breathalyzer. However, under Georgia’s implied consent laws, anyone who is operating a motor vehicle can be asked to provide a breath sample. Refusing the breathalyzer can result in an automatic 12-month license suspension.

If you submit to the breathalyzer and you register 0.08% or greater, you are considered to be impaired and can be arrested for DUI. Depending on the circumstances involved, if you refuse the breath test, you could be arrested and taken to the police station, where you can choose whether to submit to a blood or breath test to determine your Blood Alcohol Content (BAC).

If you are arrested, exercise your right to remain silent and contact a Savannah, GA DUI lawyer immediately. In DUI cases, you have a limited amount of time to protect your driving privileges and gather evidence. Our Savannah DUI attorneys can help protect your rights and advise you of your legal options. Statistics show that individuals who have been charged with DUI-related offenses usually obtain more favorable outcomes than those who do not have legal representation.

How Can Your DUI Lawyer Challenge the Stop?

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures, including traffic stops conducted without proper legal justification. Understanding the role of constitutional rights and probable cause is fundamental when exploring your options for defense.

For a traffic stop to be lawful, the officer must have reasonable suspicion that the driver has violated a traffic law or is engaged in criminal activity. This suspicion must be specific and articulable and not based on mere hunches.

For instance, swerving between lanes, speeding, or running a red light are valid reasons to initiate a stop. However, if the officer pulls someone over without a legitimate reason that can be supported in court, the stop is illegal, unless it occurred at a designated sobriety checkpoint.

What’s more, even if the stop itself was legal, there still has to be a basis or probable cause for administering the DUI test itself. Any acknowledgement by the driver that they have been drinking, or the presence of an open container, would qualify. The smell of alcohol on the driver’s breath would permit a police officer to proceed with a test. Here again, though, there must be a reason for initiating the stop, and officers must testify to that reason under oath.

There are cases when roadside tests are the probable cause cited for administering a test. We can subpoena the officer’s dash cam footage and review the tests. There are several reasons a driver might not perform well in these tests, including adverse weather conditions, poor pavement, or simply a lack of good coordination.

If the traffic stop or the test was unlawful, any evidence gathered as a result may be subject to suppression under the “fruit of the poisonous tree” doctrine. Without admissible evidence, the prosecution’s case can be significantly weakened—perhaps even thrown out entirely.

To successfully challenge a traffic stop, it’s crucial to scrutinize all aspects of the incident, including the officer’s dash cam footage, bodycam recordings, and police reports.

We know how to investigate whether the officer truly had probable cause, and if not, we will file a motion to suppress the unlawfully obtained evidence.

Are Breathalyzer Tests Always Accurate?

Breathalyzer devices, although widely used, are not infallible and can yield incorrect results under various circumstances. Identifying and exposing these factors can significantly impact the outcome of a DUI case. A skilled DUI defense lawyer can review the test results and may be able to file a motion asking that they be excluded.

Calibration and Maintenance

One primary issue with breathalyzer devices is the need for proper calibration and maintenance. These devices are highly sensitive instruments that require routine servicing to ensure accuracy. If the breathalyzer used during a DUI stop was not properly calibrated or maintained, its readings may be unreliable. The burden of proof lies with the authorities to demonstrate that their equipment has been adequately maintained.

Medical Conditions

Certain medical conditions, such as diabetes, can produce acetone levels in the breath that a device may incorrectly read as alcohol. Some individuals with diabetes often suffer from a condition known as diabetic ketoacidosis, in which their body produces a high concentration of ketones. In some instances, breathalyzers mistake the presence of ketones for alcohol.

Another common medical issue that can affect the accuracy of breathalyzer tests is acid reflux (GERD). Acid reflux can cause alcohol vapors from the stomach to enter the mouth, which can also lead to a high BAC reading. Additionally, some medications can also cause false results.

Mouthwash

A breathalyzer may provide a false reading if a DUI suspect has recently rinsed their mouth out with mouthwash or used a breath spray. Many mouthwashes and breath sprays contain a small amount of alcohol, which can lead to a false positive on a breathalyzer test.

Improper Administration

All too often, law enforcement officers are not adequately trained on how to administer portable breath tests, or they commit procedural errors that can affect the results. Depending on the situation, temperature and humidity can also cause the breathalyzer to malfunction.

Why are DUI Blood Tests Not Always Reliable?

Even though blood tests are often regarded as more reliable than breath tests, they are not immune to errors themselves. Issues such as improper handling, contamination, or flawed testing procedures can significantly impact the validity of the results.

One of the most common concerns with blood tests is the chain of custody. For the test result to hold weight in court, the proper collection, labeling, transport, and storage of the blood sample must be meticulously documented. Any break in this chain, such as unclear labeling or unmonitored storage, raises questions about the sample’s integrity. Our Savannah DUI attorneys are often able to identify errors in the chain of custody. Highly trained DUI attorneys may be able to argue that the results are unreliable and should be excluded from evidence.

Contamination is another factor that can compromise the accuracy of a blood test. Improper sterilization of equipment or the use of alcohol-based swabs can introduce external substances to the sample, leading to false BAC positives. Similarly, delays in analyzing the sample can result in fermentation, which causes an increase in BAC levels due to the resulting chemical.

Furthermore, errors in testing procedures are not uncommon. Laboratories must adhere strictly to protocols to ensure accurate results. Mistakes, such as incorrect calibration of testing equipment, mishandling of samples, or misinterpreting results by lab technicians, can all lead to invalid conclusions. We can subpoena lab records to find out if these discrepancies exist.

When inaccuracies in blood test results are demonstrated, courts may deem the evidence inadmissible. If the prosecution loses its means of showing you were intoxicated, their case is seriously compromised and perhaps eliminated.

The DUI Defense You Need

At Scheer, Montgomery & Call, P.C., our criminal defense lawyers are passionately committed to assisting clients who have been charged with DUI offenses. A charge of driving under the influence can seem straightforward, but the reality is different. Many factors can influence the case, and the consequences are not always the same. Cases that involve aggravating factors, such as accidents or multiple DUIs, can result in felony charges. Drivers who have a CDL face the potential loss of their career, and those who are underage may lose educational opportunities.

Whatever your situation, contact our law firm before making any decisions that could have lasting consequences that go well beyond any sentence the courts hand down. When you come to us for help, we will craft a strong defense that challenges the state’s evidence, all while protecting your legal rights.

Call Scheer, Montgomery & Call, P.C. in our Savannah office at 912-233-1273 today.