Reports out of Bartow County allege that Sharon Fisher was on her way to pick up children on her school bus route when she failed to maintain her lane and was pulled over by Emerson police.
According to the reports, Fisher's bus was swerving back and forth almost hitting several cars. Arresting police report that she failed a field sobriety test. However, Fisher denies abusing any sort of narcotic - including prescription or illegal. The Bartow County School District has released the following statement: “The Bartow County School System is diligently looking into the matter that's currently under investigation by an outside agency. Ms. Fisher is on leave pending that investigation.”
As a Georgia DUI Lawyer, reports such as these are disturbing. Her husband has even stated that she told him there was an issue with the windshield wipers on the bus which caused her to weave across the center line. In today's post I will cover the prescription medication portion of the DUI Law here in Georgia.
Prescription Drug DUI in Georgia
Most Georgians are unaware that there is a Prescription Drug DUI in Georgia. This is because most people take prescribed medications every day.
There is no law against driving while taking prescription medication, there are laws about driving under the influence of drugs. Typically when people think about Georgia DUI Drugs, they think about driving under the influence of marijuana or methamphetamine. While this is true, there are more and more drivers are charged with DUI Drugs for driving under the influence of prescription medications.
Part (b) of the Georgia DUI statute (O.C.G.A. §40-6-391) outlines the part of the law that prohibits driving under the influence of prescription drugs to the extent that is less safe for the person to drive.
The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.
DUI Prescription Drugs is penalized the same way as DUI alcohol in Georgia. The penalties for a first conviction can include any of the following:
- 12 months of probation
- Fines of $300 - $1000
- 1-10 days in jail
- 40 hours of community service
- License suspension
- Alcohol and Drug Counseling
- Mandatory treatment
- DUI School
If you or a loved one has been charged with a DUI in Georgia, contact our offices today. A Georgia DUI Attorney can help you with your case now. Bottom line - you need the experience of a firm that specializes in Georgia DUI Defense. Call us now.