The Law Behind the DUI Drugs Charge in Georgia

Posted by Richard Lawson | Nov 08, 2018 | 0 Comments

As a Georgia DUI Lawyer, DUI Law in our state is my speciality. However Georgia DUI Laws are very complicated, and most people don't need to know about them until they or a loved one has been arrested for DUI in Georgia.

Georgia (as well as all the other states) has a law against driving under the influence of drugs. I wrote yesterday about a man who was suspected of DUI Drugs. That's right - 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. 

In today's post, I will outline the offense of DUI Drugs in Georgia as well as the penalties if convicted.

DUI Drugs in Georgia

The Georgia Code 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.

During a DUI Drugs investigation, 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. Therefore, officers will consider all of the factors surrounding both the investigation and the arrest including but not limited to: 

In order to be convicted of DUI Drugs, the prosecution 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. Again, there is no quantitative legal limit for drug consumption, so the arresting officers' observations are usually 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 Georgia Community Service, Georgia DUI School completion, and clinical drug and alcohol evaluation.  

Practice Note

Mind you - the penalties I just listed out above are just the legal minimums. This means that judges can impose even stricter penalties and consequences. This is where a Georgia DUI Attorney comes into the picture - we are experienced in all types of DUI charges in Georgia and can help you with your case. 

If you or a loved one has been arrested, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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