How Can You Get Charged with Driving Under the Influence of Drugs in Georgia?

Georgia DUI Laws are very complicated. In fact, the majority of Georgians are unaware that we have some of the strictest DUI laws in the country.

Most people think of DUI as driving under the influence of alcohol. However, our DUI Laws aren't limited to alcohol. Drivers can be arrested for DUI for being under the influence of illegal, prescribed, and even over-the-counter medications.

As a Georgia DUI Lawyer, I will outline the offense of DUI Drugs in Georgia in today's post.

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:

• Driving
• Results of Chemical Sobriety Tests
• Mannerisms
• Behaviors
• Performance on Field Sobriety Tests
• Conversational Skills

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 above are legal minimums.  Georgia judges can impose even stricter penalties and consequences. This is where we come in.

If you or a loved one has been arrested, contact a Georgia DUI Attorney today.