Driver Convicted of DUI Drugs After Fatal Crash

According to reports out of Forsyth County, a man has pleaded guilty and thusly convicted of:

• DUI Drugs in Georgia
• Serious Injury by VehicleDUI Drugs in Georgia
• Vehicular Homicide in Georgia
• Reckless Driving in Georgia

There were also more minor traffic violations, but in today's post, I will outline DUI Drugs as defined by Georgia Law.

DUI Drugs in Georgia

DUI Drugs in Georgia is defined in the same statute as DUI in Georgia. O.C.G.A. § 40-6-391, covers not only offenses related to driving under the influence of alcohol, but also offenses related to driving under the influence of drugs, both legal and contraband. The law has three major provisions pertaining to DUI Drugs:

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.  However, in order to uphold a conviction, the State must prove that such legally prescribed medication rendered the individual incapable of driving safely.

A first conviction for DUI Drugs has the same penalties as a First DUI in Georgia. A conviction will result in a minimum of 24 hours in jail, a fine of at least $300, 12 months on probation, completion of 40 hours of community service, DUI school, and a clinical drug and alcohol evaluation.  These are the minimums allowed by law; many jurisdictions punish much more harshly.  You are also facing a suspension of your driving privileges, potentially lasting up to one year (although, depending on the circumstances of your arrest, limited permits may be available).  A six-month driver's license suspension is very common in DUI-Drugs cases.

Practice Note

Georgia's DUI Laws are expansive and include a lot of difference narcotics and alcohol. If you or a loved one has been arrested, contact us now.