According to reports out of Jackson County, a man has been arrested after police have accused him of driving under the influence of drugs with two of his children in the car.
The initial traffic stop led to a search of the vehicle which led to the discovery of methamphetamine, marijuana, oxycodone, and THC oil. The man is facing charges of DUI in Georgia as well as DUI Child Endangerment in Georgia.
However, as a Georgia DUI Lawyer, I will outline the law behind the offense of DUI Drugs in Georgia.
DUI Drugs in Georgia
Georgia Law defines driving under the influence of drugs, commonly referred to as DUI Drugs in Georgia, as:
“A person shall not drive while under the influence of any drug to the extent that it is less safe for the person to drive; a person shall not drive under the influence of a combination of substances (i.e. drugs and alcohol) to the extent that it is less safe for the person to drive; a person cannot be under the influence of prescription drugs, even if a drug or drugs are prescribed legally.” O.C.G.A. §40-6-391.
The investigating officer will be looking for anything that might be a clue to driving under the influence. There is no quantitative legal limit for being under the influence of drugs or impaired by drugs. Instead, officers will consider all of the factors surrounding both the investigation and the arrest including but not limited to: manner of driving, sobriety test results, behaviors, conversational skills, etc.
In order to be convicted of DUI Drugs, the state of Georgia must prove whether or not someone is driving under the influence of a drug or drugs to the extent that he or she is a less safe driver. Since there is no quantitative legal limit for drug consumption, the arresting officers' observations are the determining factors.
The penalties for a first-time conviction for DUI-Drugs in Georgia can include a minimum of 24 hours in jail, a fine of at least $300, 12 months on probation, 40 hours of community experience, DUI School completion, and clinical drug and alcohol evaluation.
Practice Note
Georgia DUI Penalties are life-altering to say the least. If you or a loved one has been arrested for a DUI, contact our offices today. We can help you now.
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