What You Need to Know if You’ve Been Arrested for DUI in Savannah or the Surrounding Areas
Getting arrested for DUI in Georgia can turn your life upside down in an instant. If you're pulled over and accused of driving under the influence in Savannah, Pooler, Hinesville, or Richmond Hill, the legal consequences can be serious—and fast-moving. Georgia law takes DUI charges seriously, and prosecutors often push hard for convictions, even when the evidence isn’t solid.
One of the most important pieces of evidence in many DUI cases involves chemical testing—specifically, breath and blood tests in Georgia. These tests are often presented as conclusive proof of impairment, but the truth is more complicated. Faulty equipment, human error, or improper procedures can all affect the reliability of these results.
If you’ve been charged with DUI, you don’t have to accept the charges without a fight. The decisions you make early on—including choosing the right attorney—can shape your entire future. A knowledgeable local DUI defense lawyer can help protect your rights, challenge weak evidence, and work toward the best possible outcome for your case.
Georgia’s Implied Consent Law
Georgia’s implied consent law applies to every licensed driver in the state. Once you’re lawfully arrested for DUI, you’re automatically expected to submit to state-administered chemical testing—usually breath, blood, or urine—to determine your blood alcohol concentration (BAC) or the presence of drugs.
Legal Obligations and Testing Process
Police must follow specific rules when requesting a test. After the arrest, officers are required to read the implied consent notice, which outlines your legal duty to submit to testing and the penalties for refusal. If they fail to do this, the results might not be admissible in court.
Refusing Testing
Refusing to take a breath or blood test comes with consequences. Your driver’s license can be suspended for at least one year, even if you’re never convicted of DUI. Plus, prosecutors may try to use your refusal as evidence that you were trying to hide your level of impairment.
Recent Legal Challenges
Over the past few years, Georgia courts have reviewed how implied consent laws apply to breath tests. For instance, in Elliott v. State, the Georgia Supreme Court ruled that drivers can't be forced to take a breath test, since doing so could violate constitutional protections against self-incrimination. However, the law still allows officers to obtain blood samples with a warrant.
Breath Testing in Georgia
Police across Georgia, including in Chatham, Bryan, and Liberty Counties, routinely rely on breath tests during DUI stops. These roadside tests are quick, but that doesn’t mean they’re always accurate.
The Intoxilyzer 9000
Georgia uses the Intoxilyzer 9000 for official breath testing. This machine measures the amount of alcohol in your breath and calculates an estimated blood alcohol level based on that reading. It’s more sophisticated than a handheld device, but it still has limitations.
How Breath Testing Works
The machine uses infrared light to detect ethanol molecules in your breath. That reading is then used to calculate your BAC. But breath tests don't measure alcohol in the blood directly—they estimate it based on breath samples, which can lead to errors under certain conditions.
Accuracy and Error Margins
Many factors affect breath test accuracy, including residual alcohol in the mouth, recent food or drink, certain medications, and even health conditions like acid reflux or diabetes. Machines must also be properly calibrated and maintained to deliver reliable results.
Procedural Problems
Officers must follow specific steps when administering a breath test. If they skip steps in the testing protocol, the results may not hold up in court.
Blood Testing Procedures
While breath tests are more common, blood tests are often used in accidents involving injury, when drugs are suspected, or when a breath test isn’t practical.
When Blood Tests Are Used
Officers might request a blood draw at the scene of an accident or in the emergency room. Sometimes, they’ll apply for a search warrant if a driver refuses a breath test. In cases involving suspected drug use, a blood test may be the only way to detect impairment.
Chain of Custody
For a blood test to be valid in court, there has to be a clear and documented chain of custody. That means every person who handles the sample must log their actions to prove the sample wasn’t contaminated or altered. If the chain breaks, the evidence may be challenged.
Testing Standards
Forensic labs that process DUI blood samples must follow strict standards. Any deviation—such as storing samples at the wrong temperature or using expired testing materials—can raise doubts about the results.
Hospital Draws vs. Forensic Testing
Blood drawn for medical treatment isn’t always admissible in court unless obtained with a proper warrant. Medical draws also don’t follow the same forensic standards, which can affect the reliability and interpretation of results.
Common Defenses Against Breath and Blood Test Results
Test results might look like solid evidence, but skilled defense attorneys know how to scrutinize them. Many DUI cases fall apart when these tests are questioned.
Calibration and Maintenance Issues
Machines like the Intoxilyzer 9000 require regular maintenance. If the device isn’t properly calibrated, the results can’t be trusted. Maintenance records often reveal inconsistencies or missed service checks.
Officer Training
Officers must be trained and certified to operate breath-testing devices. If the arresting officer lacks proper credentials or didn’t follow correct procedures, test results may be excluded.
Medical and Physiological Defenses
Certain health conditions or diets can create false positives. For example, someone with diabetes or who follows a ketogenic diet might produce acetone, which can interfere with breath testing equipment.
Rising Blood Alcohol Defense
Alcohol takes time to absorb into the bloodstream. A test taken 30 to 60 minutes after driving may reflect a higher BAC than when the person was actually behind the wheel. This can be an effective defense in some cases.
What To Do If Arrested for DUI in Georgia
Every decision after a DUI arrest matters. Acting quickly can improve your chances of keeping your license and building a strong defense.
Take Immediate Action
After an arrest, the clock starts ticking. You have 30 days to request an administrative hearing to fight the automatic suspension of your driver’s license. Missing this deadline could mean losing your driving privileges even before your case goes to court.
Preserve Evidence
Try to remember everything about the stop—where it happened, what the officer said, and whether they read you the implied consent notice. Share these details with your attorney as soon as possible.
Hire Legal Help Right Away
Waiting to get a lawyer allows the prosecution to build a case without resistance. A strong defense depends on a detailed review of police conduct, test procedures, and the strength of the evidence against you.
Contact a Skilled DUI Defense Attorney Now
DUI charges in Georgia move fast and carry serious consequences. You need someone in your corner who knows the local courts, understands how prosecutors build these cases, and isn’t afraid to push back against faulty evidence.
At The Atlantic Law Firm, we work hard to protect your rights, your reputation, and your future. Whether your arrest happened in downtown Savannah, along I-95 in Bryan County, or near Fort Stewart in Liberty County, our team is ready to help. Attorney Stacey M. Goad fights DUI charges with careful preparation and aggressive legal strategies designed to expose weak spots in the state's case.
Contact Savannah criminal defense attorney at The Atlantic Law Firm today for a free consultation. We’ll review your case, explain your options, and start building a defense that puts you in the best position to move forward.