The following factors will play a major role in your DUI defense:
• Whether your constitutional rights have been breached
• Whether the officer concerned followed the correct procedures
• Whether you were read your rights when the officer made the DUI/DWI arrest
• Whether the blood and alcohol level tests were properly carried out
• Whether the equipment used to monitor blood alcohol levels was maintained and in good working order
Here are some defenses to a DUI charge:
• Blood-alcohol concentration - There exists a wide range of potential problems with blood, breath or urine testing. "Nonspecific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist.
• Testing during the absorptive phase - The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 45 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.
• Retrograde extrapolation - This refers to the requirement that the BAC be "related back" in time from the test to the driving.
• Regulation of blood-alcohol testing - The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.
• License suspension hearings - A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles.
Our Savannah GA (Georgia) DUI and Criminal Defense lawyers help clients charged with DUI in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and in Fort Stewart and Hunter Army Airfield.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney