Drugs & DUI
Drugs and Driving Under the Influence (DUI) in Dekalb County, Georgia:
Many people think a DUI charge is only for driving while under the influence of alcohol. Defendants are surprised to find out, after being arrested and jailed, they are being prosecuted for driving under the influence of drugs.
O.C.G.A. §40-6-391 criminalizes driving under the influence of drugs. The general standard is anyone driving under the influence of drugs; illegal, legal, or even prescribed by their doctor, can be arrested for DUI if the drugs are impairing their driving ability.
The framework to a DUI drugs case is similar to an arrest for DUI alcohol, but they are generally very different and more technical investigations and arrests. Generally speaking, the arresting officer is better trained, in the cases where the officer is a certified Drug Recognition Expert exceptionally well trained, and they follow a different standardized field sobriety protocol and will usually request a blood test or urine test to be sent to the GBI for testing.
License suspensions for a conviction for a first lifetime DUI drugs are exceptionally harsher. In short if convicted of a first lifetime DUI for driving under the influence of drugs you will not be issued a limited permit to drive. You will receive a hard suspension, meaning no license for a year.
If arrested for DUI drugs consult with an experience DUI drugs attorney within ten days of arrest.
Defending Georgia DUI Drugs Cases:
The good news is these cases can be very defendable. For instance if charged with driving under the influence of marijuana you will be glad to know the Georgia Supreme Court in Love v. State has prevented the state of Georgia’s prosecutors for simply proving you were driving a vehicle with marijuana metabolites in your system. Metabolites are the chemical signature that remains in your urine after you are finished smoking and your body is finished processing the THC in marijuana. Link to NHTSA facts page.
The state in these DUI drugs cases must show three elements beyond a reasonable doubt prior to conviction: you were the driver, you have used marijuana, and the marijuana has caused your ability to drive to be impaired to the point you are not safe to drive your vehicle. It is this last element where many officer’s arrest fall apart in court.
Contact a DUI Lawyer Dekalb County can Trust
If you are facing prosecution for Driving Under the Influence of Drugs you should consult with an experienced DUI drugs attorney as soon as possible. Contact us today: call 404-373-7735!
