According to reports, a Georgia truck driver was arrested in Indiana by police after officials found methamphetamine and alcohol in his vehicle.
He was arrested for driving under the influence along with drug possession and several different traffic violations.
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 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
The penalties for DUI Drugs are the same as Georgia DUI Penalties. If you or a loved one has been arrested for driving under the influence, call our offices today.
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