Willie Walker, a West Georgia Technical College bus driver, allegedly crashed a bus transporting the women's basketball team and has been charged with DUI Drugs and Possession of Marijuana. According to authorities, he drifted into and sideswiped a tractor-trailer, then overcorrected, running the bus off the road. He then hit an embankment and overturned the bus. The thirteen basketball players on the bus were all injured but not severely. Even though this situation occurred in Virginia, let's consider DUI Drugs in Georgia.
So, what does the law say about DUI Drugs in Georgia?
According to the Georgia Code, there are 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" (O.C.G.A. §40-6-391).
What constitutes a less safe driver when under the influence of drugs?
The mere consumption of drugs does not mean that you are guilty of driving under the influence. The biggest difference between DUI and DUI Drugs is that there is no legal limit for drug consumption. Therefore, there is no limit to decide or indicate whether or not a driver is under the influence. So, as a result, what we look for is whether or not the drugs in the driver's system are at levels that have actually impaired the driver to an extent that he or she is a less safe driver.
Georgia is most likely to prosecute a DUI Drugs case if the charges demonstrate that the driving was bad. Usually this includes failure to maintain lane, following too closely, or reckless driving. In the situation described above, Walker's driving would be considered particularly poor by sideswiping a tractor-trailer, overcorrecting, and overturning the bus.
It is of vital importance to have a Georgia DUI Lawyer who understands that the presence of a drug in your system does not mean that you are automatically guilty of a DUI Drugs. At Lawson and Berry, we not only understand but also have ample experience defending DUI Drugs cases, and we can formulate the best possible defense for your specific case. If you or a loved one has been charged with DUI Drugs, contact a Georgia DUI Attorney today.