According to reports out of Monroe County, a 22-year-old father has been arrested and is facing several different charges including felony drug charges.
Georgia State Troopers attempted to pull the driver over for not having a tag decal on his license plate. This led to a high-speed chase.
The chase ended after 28 miles through four counties. The driver ended up crashing his vehicle into the back of a patrol car. Police discovered four children in the vehicle with the driver. They also found 10 ounces of marijuana, Xanax, a firearm, and over $2,000 in cash. It was also learned that the driver had an active warrant for a felony probation violation in Georgia.
His charges include reckless conduct, possession of marijuana with intent to distribute, possession of prescription drugs that were not in their original container, possession of a firearm by a convicted felon, etc. He is also facing several traffic violations - however, these violations were not listed out by news outlets.
As a Georgia DUI Lawyer, I believe that it may be safe to assume that he will be facing some serious traffic violations as well. This includes fleeing or attempting to elude police in Georgia. It could also include a charge for DUI in Georgia if it is determined that he was under the influence while driving. A DUI charge would also result in additional charges of DUI Child Endangerment in Georgia.
Regardless of what offenses he is facing - I will cover the law on one of the possible charges 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: 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
The majority of people believe that DUI only encompasses driving under the influence of alcohol. This is far from true. If you have been arrested for DUI in Georgia, call our offices today.
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