As a Georgia DUI Lawyer, I wrote about a horrific news story a few months ago that involved a teenage driver hitting two young girls and an adult who were waiting at a bus stop.
More information has been released recently. According to officers, the driver admitted to being under the influence of MDMA. MDMA is a synthetic drug that alters mood and perception. It is chemically similar to stimulants and hallucinogens.
The teen driver is facing charges of DUI, reckless driving, too fast for conditions and three felony counts of serious injury by vehicle.
In today's post, I will outline the offense of driving under the influence of drugs as most people consider DUI law to only apply to alcohol.
DUI Drugs in Georgia
Georgia Law defines driving under the influence of drugs, commonly referred to as DUI Drugs in Georgia, 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.
If arrested for DUI Alcohol, DUI Drugs, or DUI Less Safe, then you are facing some very serious penalties. Call our offices now to speak with an attorney today.