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DUI with Drugs in Georgia

Savannah DUI Defense Attorney

Driving under the influence of drugs is prohibited in the state of Georgia, as in all states. With the recent rise in prescription drug use, concern has heightened and enforcement efforts doubled in prosecuting drugged driving. There are very few exceptions to the rule, and if you are pulled over and suspected of a DUI, and a blood test is taken, any level of illegal drugs in your system will give rise to the presumption that you were illegally impaired while driving. At The Schneider Law Firm, our Savannah DUI attorneys have handled hundreds of DUI cases and in many there was an accusation of driving while under the influence of drugs.

Contact our firm to speak about your options if you have been charged with driving under the influence of drugs.

The state of Georgia has an extremely low tolerance for illegal drug use, and driving while under the influence of drugs such as any of the following is illegal:

  • Marijuana
  • Cocaine
  • Heroin

As well as the following opiates, among others:

  • OxyContin
  • Amphetamines
  • Sleeping pills
  • LSD
  • Ecstasy

Understanding Georgia's DUI with Drugs Laws

Under the provisions of Georgia statue § 40-6-391 it is prohibited for anyone to be driving while under the influence of any drug to the extent that it makes it less safe for that person to drive. This is a very subjective standard which is up to the arresting officer and you can be certain that if the officer suspects the use of drugs, they will issue a citation for the violation of section 40-6-391. Similarly, under section 40-6-91-(6), if a person has any amount of a controlled substance in their blood or urine, if convicted, that person is guilty of various increasing degrees of misdemeanors for their first 3 convictions. Upon a fourth conviction the person will be guilty of a felony.

The penalties for driving while under the influence of drugs for the first time essentially follow the same pattern as that of the penalties for driving while under the influence of alcohol. The penalties include:

  • Fines of up to $1,000,
  • Possible maximum of 12 months in jail
  • At least 40 hours of community service
  • DUI or drug school program completion
  • Substance abuse treatment program
  • Up to 12 months of probation

Fighting DUI for Prescription Drugs in Savannah

If you or someone you know has been charged with driving while under the influence of drugs, please contact our firm as soon as possible. As in all other DUI cases, evidence supporting the state's prosecution can be challenged on the following grounds: improper search and seizure, improper traffic stop, lack of probable cause, problems in the chain of custody of evidence, improper administration of field sobriety tests, improper administration of chemical tests and failure of reading you your Miranda Rights.

Our lead attorney is a former prosecutor who is completely familiar with the common pitfalls in the state's prosecutions, and can capitalize of these common problems.

Contact us today for a free evaluation of your DUI with drugs in Georgia case.

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