What To Know About Drugged Driving Charges in Georgia
While most Georgia DUI charges occur because of driving under the influence of alcohol, the state DUI law applies equally to driving under the influence of drugs. A driver may be charged for drugged driving for being under the influence of either illegal controlled substances or legally obtained prescription drugs. The penalties for drugged driving are the same as DUI for alcohol and are severe. If you are charged with drugged driving in Georgia, it is crucial to have representation by a criminal defense lawyer with experience defending against drugged driving charges.
Georgia Drugged Driving Laws
The Georgia statute at O.C.G.A. § 40-6-391, which contains the state’s drunk driving law in subsection (1), also provides that it is illegal for a person to drive or be in physical control of a moving vehicle while the person is:
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
The law includes an additional provision stating that a person cannot drive or be in control of a vehicle if “there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.” This provision establishes the per se violation for drugged driving. However, it’s important to understand that the provision creating a per se violation of driving with marijuana or metabolites in one’s system has been declared unconstitutional by the Georgia Supreme Court.
Thus, if the DUI allegation involves marijuana and/or its metabolites, the State will have to be able to prove the driver was less safe to drive to make out the DUI charge. The same rule does not apply for a per se allegation of driving while having cocaine or cocaine metabolites in one’s system. The per se violation rule will differ between the type of non-prescribed drug contained in the accused’s system. The per se charge is very fact-specific, thus one should always consult with an attorney when charged under the per se code section.
O.C.G.A. § 40-6-391 also contains the penalties that apply for violation of any of the provisions. The level of a charge for drugged driving and the penalties are determined on the same basis as they are for driving under the influence of alcohol.
Georgia Drugged Driving Charges
The statutory provisions establish drugged driving charges for less safe and per se violations. In some cases, police may charge a driver under both provisions, but a driver can only be convicted of one charge, not both. In addition, there are a wide range of factors that affect DUI drugged driving charges, just as there are for DUI for alcohol.
DUI drugged driving less safe requires the prosecution to demonstrate by the facts and circumstances surrounding the arrest that the person’s driving, mannerisms, or behavior, or performance on field sobriety tests and other relevant information that the person was incapable of driving safely. Possession of a legal prescription for a drug that causes unsafe driving is not a defense to the charge.
A DUI drugged driving per se conviction must be based on the prosecution proving that the driver had any amount of controlled substance in their blood or urine by results of a state-administered chemical test. From a practical standpoint, the per se provision applies only to illegal drugs because of Georgia court decisions relating to the provision.
When a driver is stopped on suspicion of DUI, the Georgia implied consent law applies equally to DUI for alcohol and drugs. Refusal to consent to blood or urine tests for the presence of drugs may affect the outcome of a DUI drugged driving charge in several different ways and result in administrative penalties. The laws that apply are extremely complex and are one of the important reasons that legal representation in a drugged driving case is crucial.
Criminal penalties for a DUI conviction for drugged driving are the same as for a conviction for a violation involving alcohol. The penalties are dependent on the number of prior offenses. After the first offense, potential penalties increase significantly and may include jail time and a fine, as well as community service, mandatory treatment, driver’s license suspension, and an ignition interlock device. Administrative penalties for license suspension are separate from the criminal penalties.
Defending Against Drugged Driving Charges
An experienced DUI defense lawyer has a number of different strategies and defenses to use in challenging drugged driving charges. The best strategy depends on a detailed analysis of the facts and circumstances surrounding the arrest, including the conduct of the police throughout the process and the validity of any test results.
If you are arrested for drugged driving, contacting a DUI defense attorney at the earliest possible time is extremely important. Having an experienced lawyer fighting the charges on your behalf and explaining how the criminal process works can make a significant difference in how your case proceeds.
Talk with an Experienced Georgia DUI Defense Lawyer
Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing DUI charges for alcohol and drugs in northwest Georgia. If you need representation on a DUI charge for drugs or alcohol, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.