DUI - Drugs, Under 21

As an underage driver in Georgia, it is important that you are aware of your rights and responsibilities when it comes to DUI drugs. In recent years, the legislation around drug use while driving has become increasingly complex – especially for those under 21. How much do you know about the legal repercussions of being pulled over on suspicion of drug-impaired driving? Are there any options for adolescents who find themselves charged with a DUI? Before jumping into what can come next with a DUI Drugs charge for an underage driver, we must first understand some background information from state regulations so that everyone is equally informed as they move forward.

Overview of DUI Laws in Georgia for Drivers Under 21

As a driver under the age of 21 in Georgia, it is important to be aware of the laws and regulations related to driving under the influence (DUI). Under Georgia law, a person operating a motor vehicle can be charged with DUI if they are found to have a Blood Alcohol Concentration (BAC) of 0.02% or greater. Additionally, if that person is found to be impaired due to drugs such as marijuana, cocaine, or any other controlled substance, then they can also be charged with DUI. Even if you are taking prescription drugs or otherwise legal over-the-counter medication, if those drugs make it less safe for you to drive, you can also get hit with a DUI drugs. A conviction for DUI can lead to license suspension or revocation and even potential jail time in some cases. Therefore, abiding by the law is paramount for drivers under 21 who wish to avoid the potentially severe consequences of DUI charges.

Consequences of Driving Under the Influence of Drugs in Georgia

Driving under the influence of drugs (DUI) is a serious offense in Georgia for anyone under the age of 21, with consequences ranging from fines to jail time. The minimum penalty for a first-time DUI conviction is 12 months probation and 40 hours of community service. If a minor is convicted of a DUI while driving, they face being automatically designated an adult and thus may face additional punishments in court. Georgia also has strict implied consent laws making it illegal to refuse a breathalyzer or other sobriety test, with refusal resulting in repercussions such as license suspensions or revocations. In short, those considering operating a vehicle after using drugs should be aware that the legal penalties can be hefty and the ramifications long lasting.

Let's look at an example of Fred, an under 21 year old driver who is arrested, charged, and then convicted of DUI Drugs - his first lifetime DUI conviction.

Fred will face all the same punishments as anyone of any age will face for a first DUI drugs conviction in Georgia. He'll have to pay at least $300 in fines and up to $1,000 in fines. He'll have to spend at least 24 hours in jail, but it could be up to 12 months in jail. Once Fred gets out of jail, he'll be on probation for 12 months - he can't leave the state or move without permission of his probation officer; he has to submit to random drug and alcohol screens and he has to pay for them; he has to report to his probation officer as directed, which could clash with his work or school schedule; he has to turn in proof of all his other requirements on time to his probation officer. Fred will also have to take a DUI Risk Reduction Course, do at least 20 hours of community service, and undergo a substance abuse evaluation. If he is deemed to have a substance abuse problem by the evaluator, Fred will have to complete any recommended treatment, like classes or additional clean drug screens.

The biggest difference for Fred as someone under 21 versus those 21 and up drivers, is that Fred's license will be suspended for at least 6 months and he won't be able to get a limited driving permit at all. If Fred refused the state's test of his bodily substances - which the police officer would ask for when Fred was arrested initially - then Fred's license will be suspended for a full 12 months. In order to get his license back, Fred must show the Georgia DDS (Department of Driver Services) that he successfully completed his DUI Risk Reduction Program and have to pay the requisite reinstatement fee.

That's a lot for Fred. And if Fred does not learn from his first go-around and he gets another DUI (regardless of whether or not he is under 21 or older) within the 5 years of his first one, all of these punishments only increase - from the fine amounts to jail time to license suspension.

Types of Drugs that Can Lead to a DUI Charge

Being under 21 in Georgia and driving with drugs in your system can be a serious offense. In some cases, any drug, even one prescribed by a physician for a medical condition, may lead to a DUI charge if the amount of the substance is above the legal limit, or if you exhibit driving behavior that the court deems is "less safe". Not all drugs are created equal — some of the most commonly found drugs that could be the basis for a DUI charge include marijuana, cocaine, opium derivatives, hallucinogens like LSD and MDMA, amphetamine-type stimulants like methamphetamines, as well as other sedative-hypnotic drugs like barbiturates or benzodiazepines. Any licensed driver should be aware of what substances can get them into trouble with the law in order to avoid an unexpected DUI charge.

How Police Officers Determine if Someone Is Driving Under the Influence of Drugs

When police officers suspect that someone may be driving under the influence of drugs in Georgia, they must utilize several processes to confirm their suspicion. Medical professionals are called in to evaluate the driver and cite clinical indicators of drug intoxication. Tests such as Urine Drug Screening (UDS) and Blood or Serum Drug Testing can be used as evidence when a police officer presents it before a court. If no tests are given, then it is up to the police officer's knowledge, expertise, and training to claim that an underage driver was under the influence of drugs while driving. It is important to hire a lawyer in these cases, as the lawyer can attack or poke holes in the officer's method of deciding the driver was or was not under the influence of drugs.

What To Do If Charged with a DUI While Under 21 and on Drugs

If you are under the legal drinking age of 21 in Georgia and have been charged with DUI drugs, it is vital that you take immediate action. Seeking the assistance of an experienced attorney is essential for understanding your legal options and attempting to put together a defense. You need someone who can explain all possible paths forward, including the consequences of going to trial and any potential plea deals the prosecution may offer. An attorney from a respected firm can provide invaluable advice as well as advocate on your behalf during court proceedings for a successful outcome in this difficult matter. Best practice is to contact a lawyer immediately after your arrest - especially because your driver's license could be administratively suspended by default if you do not take action within 30 days of your arrest, regarding your license. Getting an experienced attorney on your side early on can help you make the most out of an otherwise tough situation.

Know Your Rights and Get Legal Help Fast

Driving under the influence of drugs for someone under the age of 21 carries serious consequences in Georgia. It is essential to be aware of this if you find yourself in a situation where you are behind the wheel of a car and may have used drugs. Knowing the details on Georgia’s DUI laws, understanding their consequences, being informed about what types of drugs can lead to a DUI charge and how law enforcement can determine if an individual is driving under the influence of drugs can help protect you from making costly mistakes that could have lasting implications. In addition, it is essential to know what to do if charged with a DUI while federal law prohibits those under 21 from purchasing alcohol, those same guidelines apply to any intoxicating substances - especially mind- altering drugs like marijuana or prescription pills. Even if you feel sober and capable at the time, it's still important that you understand Georgia's Drug Recognition Expert assessment process which can limit your defense options if convicted. Doing your due diligence and having sound legal advice on hand can also keep you informed and aware of your rights in a court room setting should it come to that worst case scenario.