DUI Accident Results in Felony Drug Arrest Near Newnan

Clayton County Courthouse

Newnan, Ga. – According to reports out of Clayton County, an alleged DUI driver was arrested this past Tuesday for much more than DUI in Georgia.

Officers with the Clayton County Sheriff's Department were called to the scene of the accident and noticed that the driver of one the vehicles seemed to be under the influence of some sort of depressant. Reports show that the driver admitted to being under the influence of narcotics – both Oxycontin and Percocet. Officers then searched the vehicle and discovered felony narcotics including methamphetamine, marijuana, heroin, and prescription painkillers. The driver was arrested on various charges including driving under the influence of drugs.

The law on DUI includes all types of narcotics, and as a Georgia DUI Attorney, I will outline the part of the statute in today's post that focuses on DUI drugs.

DUI Drugs in Georgia

DUI Drugs in Georgia is defined in the same statute as a DUI for alcohol influence. The law states that:

“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

DUI Laws in Georgia cover much more than just driving under the influence of alcohol. If you or a loved one has been arrested, call our offices now!