Norcross Man Arrested After Allegedly Starting Fire and DUI

Gwinnett County Courthouse

Norcross, Ga. - Police arrested a man who has been accused of intentionally starting a fire at an apartment complex and then driving under the influence of drugs to get away from the scene.

He is being held in the Gwinnett County Jail. He is facing numerous charges including aggravated assault, arson, hit and run, DUI, and reckless driving. As a Georgia DUI Lawyer, however, I will be focusing on the law behind the offense of DUI Drugs in today's post.

DUI Drugs in Georgia

DUI Drugs in Georgia is defined in the same statute as a DUI for alcohol influence. The law states that:

“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

DUI Laws in Georgia cover much more than just driving under the influence of alcohol. If you or a loved one has been arrested, call our offices now!