When you think about driving under the influence, you likely associate this activity with those who drive drunk. However, Georgia law makes it abundantly clear that alcohol is not the only substance that can lead to a DUI charge. If you are found operating a motor vehicle with drugs in your system, regardless of whether or not they are prescription medications or illicit substances, you can face a DUI offense. Essentially, you can be charged if you are deemed “less safe” to drive due to the substance in your system. Though alcohol-based DUIs rely on a measurement of the driver’s blood alcohol concentration, drug-based DUIs typically center on observations of behavior and evidence of impairment in Cobb County drug-based DUI offenses. The following blog explores these matters in further detail so you can understand what warrants these charges and how a Cobb County DUI lawyer can assist you through these complicated times.
Does Georgia Law Allow DUI Charges for Drug Use?
Yes, Georgia’s DUI statute (O.C.G.A § 40-6-391), explicitly prohibits the operation of a motor vehicle while under the influence of any drug that renders the driver less safe to drive. This applies to controlled substances, marijuana, prescription medications, and even over-the-counter drugs if they impair your ability to safely operate a vehicle.
What “Less Safe to Drive” Means in Georgia
In Georgia, “less safe” means that the driver’s ability to safely operate a motor vehicle was inhibited to any noticeable degree due to drug use.
- The prosecution does not need to show a specific drug concentration level
- The prosecution must show that your ability to drive safely was reduced by the substances in your system
- Impairment may be proven through an officer’s observations
- Lawful prescription use is not a legal defense
- Behavioral evidence can be enough to support a conviction
By utilizing the “less safe” standard, officers and courts generally have a lower bar in order to secure a conviction.
How Do the Police Determine if You’re Driving While Under the Influence in Cobb County?
In Cobb County and throughout Georgia, DUI traffic stops generally begin with minor driving infractions that lead officers to conduct a traffic stop to investigate possible impairment. Once you have been pulled over, the officer will begin by visually examining you during the interaction. They will look for signs of drug use by checking your eyes, speech, and movements for signs of drug use. Additionally, they will take note of any smells like marijuana emanating from you or your vehicle, which can indicate recent use.
Common Evidence Used in Georgia Drug DUI Cases
- Swerving, inconsistent control of the vehicle, failure to maintain your lane
- Erratic or inconsistent vehicle speed
- Bloodshot or glassy eyes
- Dilated or restricted pupils
- Confusion or inability to follow directions
- Poor performance on field sobriety tests
- Admissions of recent drug use
- Drug paraphernalia in the vehicle
- Slurred, slowed, or rapid speech
- Toxicology reports if administered
Even without a measurable drug level, this type of evidence may be presented to a jury as a basis of impairment.
Can You Be Charged if You Refuse Chemical Testing?
Georgia, like all states, has implied consent laws. Essentially, by driving a vehicle on roads in Georgia, drivers consent to a state-administered chemical test if they are lawfully arrested for driving under the influence. Unfortunately, many assume that by refusing a blood or urine test, they will not face prosecution. However, in reality, refusal will trigger automatic administrative penalties that can be used as evidence in court. Generally, refusal will cause an automatic license suspension, which is separate from the penalties you can face if you are eventually criminally convicted of a DUI by the Georgia Superior Court.
Consequences of Refusing a Chemical Test in Georgia
- Automatic suspension of a license, generally up to one year for a first refusal
- Refusal can be held against you as evidence at trial
- You may have a limited window to request an administrative license revocation hearing
- Refusal will not prevent criminal proceedings from continuing
What Are the Penalties for Driving While on Drugs in Cobb County?
If you are charged with a drugged DUI for the first time in Georgia, the penalties you can face can be intense. Typically, the penalties for a DUI-Drugs conviction in Georgia are the same for alcohol-related DUI offenses. Additionally, the penalties you can face will increase with each subsequent offense. Even first-time offenders can face serious penalties, like jail time, fines, license suspensions, and mandatory participation in education classes.
First Offense DUI-Drugs
- Potential for 10 days to 12 months in jail
- Fines between $300 and $1,000
- 12-month license suspension
- Mandatory participation in a DUI education program
- Substance abuse evaluations
- Mandatory participation in community service programs
Second Offense DUI-Drugs
- 90 days to 12 months in jail
- Fines between $600 and $1,000
- Three-year license suspension
- Mandatory minimum time spent in jail
- Potential installation of an ignition interlock device
Third-Offense DUI-Drugs
- 120 days to 12 months in jail
- Between $1,000 and $5,000 in fines
- Extended license suspension
- Potential designation as a habitual offender
- Increased monitoring
The sentences you can face will depend on the specific circumstances of your case, including a prior record and whether or not aggravating factors were present.
When Can a Drug DUI Become a Felony in Georgia?
Though most first- and second-offense DUI charges are considered misdemeanor offenses under Georgia law, certain circumstances may elevate these charges to felony levels. The penalties for these offenses are more significant and can carry more long-term consequences.
In general, you can face a felony DUI-Drugs in Cobb County if you are convicted of a fourth DUI within a ten-year period or your impaired driving results in serious injury or death.
Situations That Can Elevate a DUI-Drugs Charge
- Fourth DUI within 10 years
- Serious bodily harm to another person
- Death caused by impaired driving
- Driving with a minor under age 14 in the vehicle
- Prior felony DUI convictions
In Cobb County and across the State of Georgia, felony DUI cases are prosecuted in the Georgia Superior Court, where judges and juries will consider both evidence of impairment and prior conviction history.
Contact an Experienced Cobb County DUI Defense Attorney
If you have been charged with DUI-Drugs in Georgia, connecting with an experienced criminal defense attorney is critical. Your lawyer will examine the circumstances of your case to determine the best course of action. For some, this may be negotiating a plea deal with the prosecution, while others can fight the charges at trial. When you need help, Miller Law Practice is here to assist you. We understand how difficult these matters are, which is why we are dedicated to fighting for the best possible outcome for you. Connect with our team today to learn how we can assist you if you’re in legal trouble.
