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DUI with Drugs in Georgia

Consult Our Savannah DUI Defense Attorneys

Driving under the influence of drugs is prohibited in the state of Georgia. With the recent rise in prescription drug use, concern has heightened, and enforcement efforts have doubled in prosecuting drugged driving. There are very few exceptions to the rule. If you are pulled over for a suspected 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 have been accusations of driving while under the influence of drugs. You can count on us to represent you effectively.


Contact our firm at (912) 385-0854 to speak about your options if you have been charged with driving under the influence of drugs.


Understanding Georgia's DUI with Drugs Laws

The state of Georgia has an extremely low tolerance for illegal drug use and driving while under the influence of drugs is illegal.

You could be charged with DUI drugs if you drove after using:

  • Marijuana
  • Cocaine
  • Heroin
  • OxyContin
  • Amphetamines
  • Sleeping pills
  • LSD
  • Ecstasy

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 that is determined by the arresting officer. You can be certain that if the officer suspects drug use, 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, 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.

Penalties for Driving under the Influence of Drugs

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

Potential 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
  • Failure to read 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 on these common problems.


Contact us at (912) 385-0854 to schedule a consultation with The Schneider Law Firm.


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