Common Police Mistakes in Savannah DUI Arrests

When it comes to defending against a drunk driving charge, there are some common police mistakes in Savannah DUI arrests that can have a major effect on the outcome of your case. Law enforcement officers must follow strict procedures during every stage of a DUI investigation, and any mistakes made can help a seasoned Savannah DUI lawyer to minimize your consequences.

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At Jarrett Maillet J.D., P.C., we understand that facing criminal charges can be overwhelming. That’s why we blend insider prosecutorial experience with a client-first approach. Our commitment to our clients never wavers. We communicate openly, act decisively, and defend your rights.

1: Lack of Reasonable Suspicion for the Stop

Before an officer can pull you over, they need to have reasonable suspicion that a law has been violated. This is required to protect drivers from unlawful searches and seizures. Not every minor driving error automatically qualifies, and if an officer can’t clearly explain a valid reason for the stop, an experienced DUI defense attorney can challenge the arrest and, in some cases, get the evidence collected afterward thrown out.

2: Improper Administration of Field Sobriety Tests

Field sobriety tests (FSTs), such as the One-Leg Stand, Walk-and-Turn, and Horizontal Gaze Nystagmus, help assess a driver’s coordination and focus. However, these tests are only reliable when properly administered according to the standardized procedures set by the National Highway Traffic Safety Administration (NHTSA).

Officers sometimes give these tests on uneven surfaces, in poor lighting, or without clear instructions. Factors such as medical conditions, fatigue, or the type of shoes a person is wearing can also affect the results. Spotting these issues is a key part of Savannah DUI defense strategies, because mistakes like these can create false signs of intoxication.

3: Mishandling of Breathalyzer Tests

Breathalyzer devices need regular calibration and proper maintenance. If a device hasn’t been properly calibrated or the officer operating it isn’t properly certified, the readings might not be reliable. In addition, mouthwash, experiencing acid reflux, having diabetes, or taking certain medications can sometimes cause false positives for alcohol.

An experienced DUI defense attorney can carefully review calibration logs, operator certifications, and maintenance records to see if the test results can be challenged under DUI defense laws.

4: Failure to Observe the Mandatory Observation Period

Under Georgia law, officers must observe a suspect for a certain period before administering a breath test. This waiting period is meant to ensure the suspect doesn’t eat, drink, smoke, or vomit, as any of these could affect the accuracy of the results.

If a DUI defense attorney can show that this step was ignored, the breath test results could be thrown out in court.

5: Misinterpretation of Field Behavior

Police officers are trained to look for signs of impairment, like bloodshot eyes, the smell of alcohol, or slurred speech. However, these signs aren’t always reliable, as allergies, fatigue, stress, or even wearing contact lenses can produce symptoms that look similar. Pointing out and explaining these alternative causes plays an important part in Savannah DUI defense strategies.

6: Incorrect Handling of Blood Samples

Blood tests are generally considered the most accurate way to measure blood alcohol concentration (BAC), but that accuracy depends on how it’s handled. Mistakes such as a broken chain of custody, contaminated samples, or expired testing kits can produce unreliable results.

Officers must also make sure blood is drawn by authorized medical personnel and analyzed by certified laboratories. A DUI defense attorney who knows the ins and outs of Georgia DUI defense laws can carefully review every step of the DUI process.

7: Violating Miranda Rights

After a suspect is arrested, police officers must read the Miranda warning before asking any questions. If they don’t, any statements the suspect makes could be excluded from evidence. This is a common issue in Savannah DUI cases, especially when an officer rushes through the process or asks informal questions before giving the warning.

A DUI defense attorney can file a motion to suppress any statements made under these conditions.

When You Should Hire a DUI Defense Lawyer

32 people die every day in the USA because of DUI, equaling 30% of all traffic fatalities. Worse, 30% of all DUIs are repeat offenders.

If you’ve been charged with a DUI, you need to hire a DUI defense lawyer as soon as possible. Acting quickly gives your attorney the chance to preserve the evidence, challenge any procedural mistakes, and even negotiate with prosecutors before formal charges are filed.

FAQs

What Happens if I Refuse a Breath Test in Georgia?

If you refuse a breath test in Georgia, your driver’s license is suspended under Georgia’s implied consent laws. While this refusal could limit the amount of evidence the prosecution gathers, it can also trigger administrative penalties. An attorney can help you challenge the license suspension and determine if the refusal was lawfully requested and properly documented.

Can a DUI Charge Be Reduced to Reckless Driving in Savannah?

Yes, in some cases, a DUI charge can be reduced to reckless driving in Savannah, and this can be achieved through negotiation or plea bargaining. Factors like your prior record, your BAC level, and the strength of the evidence can influence the outcome. Hiring an attorney familiar with local courts and DUI defense laws can increase the chances of a reduction.

How Long Does a DUI Stay on My Record in Georgia?

In Georgia, a DUI conviction permanently stays on your criminal record and can’t be expunged. If you weren’t convicted, it’s possible to have your arrest record sealed from the public. Because of these lasting consequences, it’s important to work with a DUI defense attorney to explore all options for minimizing penalties or seeking alternative outcomes.

Do I Need to Appear in Court for My First DUI Hearing?

Yes, you need to appear in court for your first DUI hearing. DUI defendants are required to appear in court for their arraignment, where the charges against them are formally read. Missing this appearance can result in a bench warrant. Your lawyer can advise you on what to expect, represent you during hearings, and possibly appear on your behalf in some cases.

Protecting Your Rights After A DUI Arrest

At Jarrett Maillet J.D., P.C., our experienced legal team focuses on identifying procedural errors, protecting constitutional rights, and guiding clients through every stage of the legal process. We regularly appear before the Savannah Municipal Court and the Chatham County State Court, so we understand how local procedures and expectations can influence the outcome of a DUI case. Contact us to speak with our legal team.