Man Blocking Traffic Charged with DUI in Georgia

Just after midnight on Saturday, February 16, 2019, police found a car in the middle of the intersection of U.S. 41 and Ga. 53. The driver of the vehicle, Anthony Samuel Story Jr., 21, of Zebulon, Ga was arrested by Calhoun police.

The car was stopped at a traffic signal at that intersection and was stopped several feet in front of the stopping line. When the officer approached the vehicle, he stated he could smell the odor of marijuana wafting from the vehicle. Story denied the presence of marijuana in the car but admitted to smoking some a few hours before. After a search of the car was conducted, a hand-rolled joint was found on the driver's floorboard.

Story agreed to a few field sobriety tests, including the walk and turn test and the one leg test. He apparently failed both. The officer also noticed that Story seemed unable to focus his eyes, had eyelid tremors, and had red marks in his eyes.

Story faces multiple criminal charges, including:

• driving under the influence (DUI) of marijuana;
• possession of less than an ounce of marijuana; and
• obstructing an intersection.

If you or someone you care about has been arrested for DUI in the State of Georgia, an experienced Georgia DUI attorney can defend your case and protect your rights. You do not have to face this alone.

DUI and Marijuana

Driving under the influence of marijuana can lead to criminal charges just the same as someone who drivers under the influence of alcohol. The penalties are also the same for the DUI, although charges for the drugs themselves are often a part of the criminal case.

However, unlike with alcohol, a breath test is not able to determine whether a person is intoxicated as a result of marijuana. Instead, officers will look to the use of blood tests, as well as field sobriety tests.

Blood Tests

Blood tests for marijuana are looking for the chemical compound THC or the metabolites of THC. A test will come back positive for THC metabolites if the driver has smoked or otherwise consumed marijuana within days or even weeks. The problem with this is, the presence of metabolites in your system does not equal intoxication.

THC metabolites can remain in the bloodstream for days or weeks, well after the intoxicating effect (if any) the marijuana had on you at the time of its use. This means that a 100% sober driver could be charged with DUI when nothing could be further from the truth.

With the right legal counsel, you can challenge the results of a blood test and work to prove your innocence of the criminal charges.

Consult a Georgia DUI Attorney

Marijuana use and DUI are often charged hand in hand, but you have rights that can be protected no matter how long before you drove that you consumed the marijuana. An experienced Georgia DUI attorney can challenge the results of any test, and defend your constitutional rights. Contact us today for a free consultation.