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Challenging Breathalyzer Results From Negotiations to Trial, We're Focused On Winning Your Case

Challenging Breathalyzer Results in Savannah

Our DUI Attorneys Can Fight Your Breath Test Results

If you have been arrested for DUI after failing a chemical test, it is important that you enlist the help of an experienced lawyer immediately thereafter. In doing so, you will have the chance to challenge the validity of the evidence that is being held against you.

You can argue that Breathalyzer results may be inaccurate if:

  • The officer was not qualified to administer the test
  • The machine had malfunctioned
  • The machine was not properly calibrated

The same principles would apply when examining the validity of a blood test. Your attorney could even move to have the evidence thrown out if the "chain of custody" was not properly documented—which means who had possession of the blood sample, for how long, etc. Each of these factors is crucial to the success of the prosecution's argument, so you should not hesitate to take a closer look at the evidence involved in your case.

Call Schneider Lerch, LLC at (912) 417-5008 to schedule a consultation today.

Accuracy of the Intoxilyzer 5000

Since 1995, the only approved breath testing device in the state of Georgia was the Intoxilyzer 5000, which is manufactured by CMI, Inc. Because the technology used in the Georgia Model Intoxilyzer 5000 could not meet the future requirements for Georgia's breath testing program, Georgia law enforcement made the gradual transition from the Georgia Model Intoxilyzer 5000 to the Georgia Model Intoxilyzer 9000 in 2015. According to the GBI Crime Laboratory, there are significant reasons why the Intoxilyzer 5000 needs to be replaced, some of which include the fact that some of its original components are no longer produced by the manufacturer.

Additionally, the design of the Georgia Model Intoxilyzer 5000 no longer meets the evolving need for digital information from the legal community, which significantly limits the device's capabilities. Breathalyzers do not directly measure BAC, which would require analyzing a blood sample. Instead, breathalyzers estimate BAC indirectly by measuring the amount of alcohol in someone's breath. While these devices are useful to law enforcement, they are prone to error and can produce false readings, particularly when they are not adjusted properly or when they have not been recalibrated for extended periods of time.

Another major problem is non-specificity. This means that the machine fails to distinguish between ethyl alcohol and ethanol found in alcoholic beverages and other substances with a similar molecular structure, such as cough syrup or mouth wash. The National Highway Traffic Safety Administration (NHTSA) found that even some natural volatile interfering compounds can result in false readings. For example, dieters and diabetics produce high levels of acetone; acetone is one of many substances that can be falsely identified as ethyl alcohol by some of the breath testing devices on the market.

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Proven Results. Thousands of Times Over.

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Dismissed State Court: Speeding
  • Dismissed Superior Court: Felony Fleeing to Elude (4 counts)
  • Reduced to Non-reportable Offense State Court: Speeding (120/55)
  • Dismissed State Court: Speeding, over 100
  • Dismissed State Court: Turn Signal Violation
  • Dismissed Municipal Court: Improper Left Turn
Choose a Team You Can Trust We Are Ready to Help

At Schneider Lerch, LLC, you have an entire legal team on your side when dealing with serious criminal matters. We are ready to help you obtain the best possible outcome in your case.

Probable Cause in Traffic Stops

Another way in which you can successfully challenge BAC test results is to prove that the test shouldn't have been administered in the first place. Since the Fourth Amendment protects you from unreasonable searches and seizures, law enforcement must always have a legitimate reason to make a traffic stop.

While they would have the right to conduct a DUI investigation even if they had stopped you for an unrelated reason, a law enforcement officer cannot stop drivers at random in the hope that they are intoxicated.

An officer could, however, pull you over if:

  • You ran a red light
  • Your registration was not current
  • Your taillight was not functioning

Get the Information You Need. Call (912) 417-5008.

Discuss every facet of your case with one of our Savannah DUI lawyers from Schneider Lerch, LLC as soon as you have been placed under arrest. In doing so, you can ensure that your rights have not been violated and that all BAC results will be thoroughly examined and/or challenged when necessary.

To find out how our firm can help, just give us a call at (912) 417-5008.

Results Come With the Right Experience

Reasons to Hire Schneider Lerch, LLC
  • Misdemeanor & Felony Charges
    No matter high how the stakes may be, there is nothing that our defense attorneys cannot handle.
  • Former Prosecutor
    Working as a prosecutor gave Attorney Schneider valuable insight into how to develop and prosecute cases.
  • Trial Attorneys
    Our seasoned attorneys have handled thousands of trials. Their knowledge and experience have proven to be successful in the courtroom.
  • Over 40 Years of Combined Experience
    With many years of dedicated criminal law experience, our attorneys know the main concerns many people have when they're in this situation.

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    “Went above my expectations”
    "Each person I spoke with was able to answer my questions. I did not know what to anticipate, as I had never needed to use an attorney in the past; however, they did go above my expectations. I cannot praise Carli enough. She was patient, non-judgmental, efficient, and able to answer any question I had. As I live out of town and was very nervous and naïve about all of this, I could not have received any better representation."
    Past Client
    “Courtney is an excellent attorney! ”
    “Courtney is an excellent attorney! ”
    Sean
    “Amazing Representation.”
    I contacted Ms. Lerch along with several other firms and attorneys when my husband was wrongfully charged and denied bond. She was the only person to return my calls. She went right to work and had my husband home within a week. I would highly recommend her to anyone in need of representation. We love Ms. Lerch. Fair pticing as well.
    Cohlmeyer Family
    “My name was cleared!”
    “My name was cleared!”
    Joey
    “Great DUI Representation.”
    I wish to sing the praises of my Savannah Attorney, Courtney Reynolds Lerch in Defense of my DUI Case that began in 2015 and was totally completed in 2019. From my arrest to receipt of the Court Completion Certificate Courtney demonstrated her competence assuring me of the very maximum result with a minimum of total cost. Thank you again Courtney! Ron
    Ron M.
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    “They provided expertise and experience to review all evidence and lack thereof which helped me make a sound decision to not accept a plea and take my case to trial. Case dismissed before it even started!”
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    “Always Felt Comfortable”
    I can't thank you enough for all of your help over the past few months and for all the work you've put into my case. Shannon, Carli & Natalie along with the rest of the office made my family and me feel valued and appreciated when we needed it the most. We were always comfortable and confident in you guys because you always kept our heads up. Thanks again!
    Past Client
    “Each person I spoke with was able to answer my questions.”
    I did not know what to anticipate, as I had never needed to use an attorney in the past; however, they did go above my expectations. I cannot praise Carli enough. She was patient, non-judgmental, efficient and able to answer any question I had. As I live out of town, and was very nervous and naive about all of this, I could not have received any better representation.
    Past Client