Kennesaw, Ga. - According to reports out of Cobb County, a local man is facing charges of aggravated assault and DUI in Georgia after an incident involving a two car crash.
Authorities and witnesses reported that last week, the man drove past them at high speeds and allegedly “intentionally” struck another vehicle. He told officers that he was meant to crash into the other vehicle - even referring to the accident as a sign from God. They believe that the man was under the influence of a hallucinogenic narcotic at the time.
As a Georgia DUI Lawyer, I will outline the law behind offense known as DUI Drugs in Georgia in today's post so as to provide some clarity as to the charges faced by the driver in the story above.
DUI Drugs in Georgia
DUI Drugs in Georgia is known by Georgia Law 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
Regardless of what type of DUI you may be facing, call our offices today if you have been arrested. We can help you today.
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