DUI - Drugs
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DUI - Drugs

Driving under the influence (DUI) of drugs is a serious crime in Georgia, and can result in severe legal penalties. In fact, DUI drug-related convictions can have consequences that are just as serious as those for driving under the influence of alcohol. This article will provide an overview of DUI drugs in Georgia, including potential defenses and possible consequences for a conviction. We'll also discuss strategies to avoid getting charged with DUI drugs so you can stay safe on the roads.

Overview of Georgia DUI laws related to drugs

In Georgia, the legal limit for drugs in your system while operating a motor vehicle is essentially zero. It is illegal to drive under the influence of drugs (DUI Drugs), regardless if the drug was obtained legally or not, if it makes you less safe to driver. Operating any motor vehicle, including boats and airplanes, with any amount of illegal drugs in your system violates the law. DUI drug charges in Georgia can result from prescription medications taken over the recommended dose, marijuana use, or illicit substances such as cocaine or methamphetamine. You can also get a DUI drug for normal doses of validly prescribed medications or even over the counter medications, if it is proven that you were made less safe to drive by taking such drugs.

If convicted of DUI drugs in Georgia, penalties may include heavy fines and potential jail time. It's important to note that some DUI Drug charges may be considered felonies depending on aggravating factors such as an accident resulting in serious injury or death. Legal counsel should be consulted for more information regarding specific laws and penalties related to DUI drugs in Georgia.

Potential penalties for a DUI drugs conviction in Georgia

When convicted of a DUI-drugs charge in Georgia, the potential penalties can be severe. Those who are found to have operated a vehicle in an impaired state due to the consumption of drugs can face stiff fines and even lengthy jail sentences. Penalties can increase depending on whether the convicted individual has any prior DUI offenses or if anyone was injured or killed as a result of the conviction.

If you are 21 years old or older and this is your first lifetime DUI drugs in Georgia, here are some of the penalties you will face for a conviction.

  • Fines: at least $300 in fines and up to $1,000 in fines, plus whatever court costs apply to your jurisdiction.
  • Jail time: by law, the minimum jail time is 10 days, maximum is 12 months. A judge can allow you to only spend 24 hours in jail. Some judges make you do 3 days, or the whole 10 days, depending on the facts of your case.
  • Probation: you will be on probation for 12 months, minus any time you spent in jail. You'll have to report to your probation officer as directed, pay for them to supervise you, get permission from them before you're allowed to move or travel, and turn in all of your completion documents as you complete your requirements.
  • License suspension: your license will be automatically suspended upon conviction for at least 180 days. In some cases, you can get a limited driving permit to go to work, school, or court-related places. To reinstate, you must pay a fee and show proof of your DDS (department of driver services) DUI Risk Reduction Program completion.
  • DUI Risk Reduction Program: you must pay for, attend, and successfully complete the Risk Reduction Program, usually within 120 days. You need this to get your license back, too.
  • Community Service: you will need to do at least 40 hours of community service at a valid non-profit organization, within the amount of time set by the judge. You'll turn your hours in to probation as you complete them.
  • Clinical Evaluation and Treatment: you will have to pay for a substance abuse evaluation by a licensed evaluator, and if any treatment is recommended, you must follow it. Treatment can be classes, getting so many clean drug screens, or other items.

If you have more than one DUI drugs or other type of DUI within 10 years, all of the above numbers increase: for example, a 2nd in 10 year DUI will have a minimum fine of $600, minimum jail time of 90 days (judge can decrease it to 72 hours), 30 days of community service, etc. The consequences are serious, so if you do have a DUI drugs charge, be sure to talk to an attorney right away about your case.

Strategies to defend against a DUI drugs charge in Georgia

When charged with a DUI drugs offense in Georgia, it is important to hire an experienced attorney in the county where your case is pending to develop the best defense strategy. Laws pertaining to drug-related DUIs are complex and ever-changing, so having someone who keeps pace with the current statutes and case law is essential. A qualified lawyer can also evaluate factors such as police conduct before, during and after the arrest, which can sometimes be used to increase a defendant’s chances of securing a desired outcome. Furthermore, reaching out for legal representation provides access to other possible defense avenues, such as challenging chemical test results on grounds of flawed protocols or unreliable testing equipment. Ultimately, engaging an experienced professional early in the criminal process is paramount for equipping oneself with all necessary tools to most effectively defend against a DUI drugs charge in Georgia.

How to select the right attorney for your DUI drugs case in Georgia

If you are charged with DUI drugs in Georgia, it is essential that you find an experienced and skilled attorney who is familiar with the unique laws governing this area. It is important to research potential attorneys as they can have varying levels of expertise—from former prosecutors to specialized attorneys who focus solely on drug-related DUI cases in Georgia. Ask questions regarding their case history and review online reviews before selecting a legal representative. Choose an attorney who understands the complicated nature of these types of proceedings, has had success handling similar cases, and is available and accessible to answer your questions. Make sure to go with someone local, who knows the judge your case is assigned to - that way you can know what best and worst case scenarios to expect. Call around and don't be afraid to talk to multiple lawyers. Go with someone you feel the most comfortable with. It is worth the investment in your future to pay for good legal representation from the start.

Common mistakes people make when faced with a DUI drugs charge in Georgia

Georgia's laws surrounding DUI drug charges can be confusing, particularly when facing such an accusation for the first time. Unfortunately, without a full understanding of the law, those accused of DUI drugs may make mistakes that can have serious implications on their case. Common missteps include missing important filing deadlines, failing to understand and exercise your rights as a defendant, and speaking with law enforcement officers or prosecutors prior to consulting with an attorney. Another common mistake is that people fail to deal with their license being suspended after their arrest - make sure you contact an attorney within 30 days of your arrest, so your driving privileges can be protected while you're waiting for your DUI drugs case to get a court date. Any misstep along the way could have serious consequences, so it's essential that anyone charged act carefully and seek specialized legal counsel to ensure they remain in compliance with the specific statutes of Georgia.

In Conclusion

It is critical to take DUI drug charges in Georgia seriously, as a conviction can carry serious penalties. While it may seem difficult to fight back against DUI drug charges, there are many possible defense strategies to consider, as well as avenues for seeking help from a knowledgeable attorney. Ultimately, even with the most solid legal representation and an effective defense strategy resulting in an improved outcome, the best avoidance of a DUI drugs charge is to never give law enforcement officers reason to suspect your intoxication. If you are arrested on suspicion of driving under the influence of drugs, be aware that you must remain forthright and consider all legal options in order prevention of serious repercussions for a conviction.