DUI & Drugs Charges in Georgia
Defense from a Skilled Atlanta DUI Attorney
Although most people know that driving while under the influence of alcohol is a crime in the state of Georgia, some do not realize that they could also be charged with a DUI offense if their ability to drive has been impaired by drugs.
Are you facing DUID charges? Speak with the Law Office of Matthew T. McNally for trusted legal guidance. Contact us today to go over your legal options!
Georgia’s Impaired Driving Statutes
Even the consumption of legitimate prescription medications or over-the-counter drugs can get you into trouble with the law, so it is important that you fully understand the implications of Georgia's impaired driving statutes. According to the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-391, it is illegal to operate a motor vehicle under a certain set of circumstances.
These circumstances include:
- (a)(1) – While under the influence of alcohol (0.08 grams or greater)
- (a)(2) – While under the influence of any drug (including prescriptions)
- (a)(3) – While under the influence of toxic vapors (including glue)
- (a)(4) – While under the influence of two or more of the aforementioned substances
- (a)(5) – With a blood-alcohol concentration of .08% within three hours of driving
- (a)(6) – While under the influence of a controlled substance (including metabolites)
Since there is no definitive limit of drug impairment that has been set by law, Georgia lawmakers uphold that it is a crime to drive under the influence of marijuana when "it is less than safe for the person to drive, or to the extent that the driver is rendered incapable of driving safely."
If the driver has been driving while under the influence of something other than marijuana, however, one does not have to be impaired in order to be charged with DUI—which would also apply when a commercial driver's BAC has been measured at .04% or greater or an underage driver's BAC has been measured at .02% or greater.
DUID Penalties
When an individual has been charged with driving under the influence of drugs (DUID), they would be faced with the same penalties that are imposed on those who have been convicted of driving under the influence of alcohol—which, in the state of Georgia, are often quite severe.
We will work diligently to ensure that you are not subjected to the following legal consequences:
First DUID Offense
- Minimum of 10 days in jail
- One-year license suspension
- Mandatory enrollment in DUI school
- 40 hours of community service
- $300 to $1,000 in fines
Second DUID Offense
- Minimum of 90 days in jail
- Three-year license suspension
- Mandatory enrollment in DUI school
- 30 days of community service
- $600 to $1,000 in fines
Third DUID Offense
- Minimum of 120 days in jail
- Five-year license revocation
- Mandatory enrollment in DUI school
- 30 days of community service
- $1,000 to $5,000 in fines
Accused of Drugged Driving? Contact our Atlanta DUI Lawyer Today!
If you or someone you love has been accused of "drugged driving" in Georgia, it is crucial that you move quickly to retain the services of an Atlanta DUI attorney from our firm. You could be facing a minimum of 10 days in jail, if not more, so there is no reason why you should wait any longer to take the first step in the interest of your defense. Lead Attorney Matthew T. McNally can contribute more than five years of prosecutorial experience to your case, so you can rest easier knowing that your case is in competent hands when you come to our firm for help.
Call our office today at (678) 918-4421 or fill out a free case evaluation form online.