Marijuana-Related DUIs in Georgia: What You Need to Know

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What Does a Cannabis DUI Mean in Georgia?

In Georgia, driving under the influence of cannabis (or marijuana) is taken very seriously. While cannabis has become legal for medicinal use in many states, in Georgia, it remains illegal for recreational use. This means if you are caught driving under the influence of cannabis, you can be charged with a DUI. The law in Georgia doesn’t specifically focus on a set number of nanograms of THC (the active component in cannabis) in your bloodstream, unlike alcohol. Instead, the law focuses on whether or not a person’s driving ability is impaired due to drug use.

Even if you’re a medical marijuana patient with a valid prescription, it’s important to note that driving while impaired can still lead to legal consequences. In the eyes of the law, if cannabis use affects your ability to drive safely, you could be charged with a DUI.

How Does Cannabis Affect Your Ability to Drive?

Cannabis can have a range of effects on a person’s body and mind. While some people may not feel impaired, others may experience a drop in reaction time, difficulty concentrating, or altered perception. These effects can make it dangerous to operate a vehicle. Even a small amount of cannabis in your system could impact your driving skills, putting you at risk for an accident.

It’s important to understand that law enforcement officers are trained to look for signs of impairment, including erratic driving behaviors, slow response times, or the smell of cannabis. If an officer believes you are under the influence of cannabis, they will likely conduct a field sobriety test, which could involve asking you to perform certain physical tasks to test your coordination and balance.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

What Happens When You Are Pulled Over for Suspected Cannabis DUI?

If you’re pulled over by a police officer in Georgia and they suspect that you are driving under the influence of cannabis, they may ask you to submit to a roadside sobriety test. If you fail the test or refuse to take it, they can arrest you on suspicion of DUI. After an arrest, you may be required to take a blood or urine test to determine the presence of THC in your system.

In Georgia, refusing to take a blood, breath, or urine test can result in severe consequences, including an automatic license suspension. Even if you refuse, you can still be charged with a DUI based on the officer’s observations and the results of any tests they have conducted. If you do take a test and THC is found in your system, it could be used as evidence against you in court.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Consequences of a Cannabis DUI Conviction

The penalties for a cannabis-related DUI in Georgia can be severe. If you are convicted, you could face fines, mandatory drug education programs, license suspension, and possibly even jail time. In addition to the immediate legal consequences, a DUI conviction can also affect your future job prospects, insurance rates, and personal reputation.

First-time offenders might face less severe penalties, but repeat offenders or those with a history of substance abuse could face harsher consequences. It’s important to remember that a DUI conviction is a criminal charge and could have long-lasting effects on your life.

How Can an Attorney Help with Your Cannabis DUI Case?

If you are facing a cannabis-related DUI charge in Georgia, it is essential to have an experienced attorney by your side. An attorney can help you understand your rights, explain the legal process, and fight for the best possible outcome in your case.

In many situations, there may be ways to challenge the evidence against you or negotiate a reduced sentence. For example, your lawyer may argue that the officer did not have probable cause to pull you over or that the sobriety tests were not conducted properly. Additionally, your attorney can help you understand Georgia’s DUI laws and advise you on the best course of action moving forward.

At our firm, we are committed to providing personalized legal assistance to those facing cannabis DUI charges. We understand the unique challenges of these cases and work hard to ensure that your rights are protected every step of the way. If you find yourself facing a cannabis DUI charge, having a knowledgeable attorney can make all the difference in achieving a favorable outcome.

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Can You Fight a Cannabis DUI in Georgia?

Yes, you can fight a cannabis DUI charge in Georgia. In fact, it is highly recommended that you seek legal counsel if you are facing these charges. Your attorney can help you review the evidence, question the validity of the sobriety tests, and explore any possible defenses you may have. There may be factors in your case that can be used to get the charges reduced or dismissed.

In some instances, there may be technical errors in how the test was conducted, or you may have been subjected to an unlawful traffic stop. A thorough review of the circumstances surrounding your arrest can help determine if there is a basis for challenging the charges against you.

While the law in Georgia is clear about the illegality of driving under the influence of cannabis, it’s also important to remember that the prosecution must prove their case beyond a reasonable doubt. This is where a skilled attorney can be your best ally, ensuring that every detail of your case is carefully examined and that your defense is as strong as possible.

Drugs and DUI: Is Weed Legal in Georgia?

It’s a common question: “Is weed legal in Georgia?” This seemingly straightforward query has a seemingly straightforward answer: no. But there’s a bit more to it than that. At Willis Law Firm, we aim to shed light on the legal intricacies surrounding DUIs in Georgia. As seasoned attorneys, we understand the importance of staying informed about evolving laws — especially in the realm of cannabis legalization.

In this blog post, we’ll explore the current status of weed legalization in Georgia and its implications for DUI cases. We’ll dissect the laws governing cannabis possession, consumption, and driving under the influence, providing clarity and guidance for those navigating these potentially perilous waters.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Is Weed Legal in Georgia?

Discussions surrounding cannabis legalization have become increasingly prevalent across the United States — among both citizens and lawmakers. However, understanding the legal status of cannabis in individual states can be a daunting task due to varying laws and regulations.

Recreational Cannabis Use in Georgia

As of the current laws, recreational cannabis use remains illegal in Georgia. Possession of any amount of cannabis for recreational purposes is punishable by fines and potential incarceration. Georgia law enforcement maintains strict enforcement policies regarding cannabis possession and consumption, and individuals caught with cannabis may face serious legal consequences.

Medical Cannabis Use in Georgia

Medical cannabis is also illegal in Georgia — although here it gets a bit more complicated. Under the Haleigh’s Hope Act, qualifying patients or their caregivers can register with the state and obtain a valid registry card to legally possess and use medical cannabis oil. Additionally, the law sets strict limits on the allowable THC content in medical cannabis oil, ensuring that it remains within the parameters of the state’s medical cannabis program.

Under Georgia’s medical cannabis laws, patients with qualifying medical conditions — such as epilepsy, multiple sclerosis, Parkinson’s disease, and certain types of cancer — may be eligible to obtain a Low-THC Oil Registry Card. This card grants qualified patients and their caregivers legal protection for the possession and use of medical cannabis oil containing no more than 5% THC (tetrahydrocannabinol) by weight.

It’s important to note that Georgia’s medical cannabis laws do not legalize the cultivation, sale, or purchase of cannabis products within the state. Instead, qualified patients or their caregivers must obtain medical cannabis oil from dispensaries located in other states where medical cannabis is legal, and bring it back to Georgia for personal use.

Federal Classification of Cannabis

At the federal level, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). This classification places cannabis in the same category as substances such as heroin, LSD, and peyote, defining it as having a high potential for abuse and no accepted medical use.

The Schedule I classification of cannabis has significant implications for federal law enforcement, research, and public policy. It means that, from a federal perspective, the production, distribution, possession, and use of cannabis are illegal, regardless of whether it’s for recreational or medical purposes.

The current state of federal cannabis laws in the United States is marked by complexity, uncertainty, and ongoing debate. While cannabis remains illegal at the federal level, there are growing calls for reform, both from lawmakers and the public. The future of federal cannabis policy is likely to be shaped by legislative action, judicial decisions, and evolving public attitudes towards cannabis legalization and regulation. As we navigate this dynamic landscape, it’s essential to stay informed and engaged in the conversation surrounding cannabis policy at the federal and state level.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

Cannabis Use and DUID Laws in Georgia

In Georgia, driving under the influence of alcohol or drugs — including cannabis — is a serious offense that carries significant legal consequences. Under Georgia law, it is illegal for any person to operate a motor vehicle while under the influence of any drug to the extent that it impairs their ability to drive safely.

Unlike alcohol, which has established legal limits for blood alcohol concentration (BAC), there is no specific threshold for THC (the psychoactive component of cannabis) concentration in the bloodstream to determine impairment. Instead, law enforcement officers rely on observations of impairment, field sobriety tests, and chemical tests to assess a driver’s level of impairment due to drugs.

Challenges in DUI Cases Involving Cannabis

One of the primary challenges in DUID cases involving cannabis is accurately assessing impairment. Unlike alcohol, which has well-established standards for impairment based on BAC levels, cannabis affects individuals differently, making it difficult to determine impairment solely based on THC levels in the bloodstream.

Additionally, THC can remain detectable in the body for an extended period, even after the acute effects of cannabis have worn off. This means that a driver who has used cannabis days or even weeks prior to being stopped by law enforcement may still test positive for THC, leading to potential DUID charges.

Legal Defenses in Cannabis DUI Cases

Despite these challenges, there are legal defenses available to individuals facing cannabis DUI charges in Georgia. These defenses may include challenging the validity of field sobriety tests, disputing the accuracy of chemical tests, or questioning the officer’s observations of impairment.

Furthermore, it’s essential to ensure that law enforcement officers followed proper procedures during the traffic stop and arrest, including advising individuals of their rights and conducting tests in accordance with established protocols.

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Understanding DUI Classifications in Georgia

In Georgia, the classification of DUI charges encompasses a range of scenarios that consider the driver’s blood alcohol concentration (BAC), previous DUI convictions, and the presence of aggravating circumstances such as accidents or injuries.

A DUI Less Safe charge is leveled against drivers whose impairment from alcohol or drugs significantly compromises their ability to drive safely. This determination does not depend on a specific BAC level but instead on observations of impairment made by law enforcement officials.

Meanwhile, a DUI Per Se charge directly relates to the driver’s BAC level. If a driver’s BAC is above 0.08% for those aged 21 and over, or 0.02% for younger drivers, this charge is applied based purely on those figures, regardless of any visible impairment.

When a driver facing DUI charges is found to have transported a child under the age of 14 in the vehicle, a DUI Child Endangerment charge is added, which results in harsher penalties including higher fines and longer license suspensions.

Additionally, if the driver is impaired due to marijuana or any controlled substance, be it a prescription medication or an illicit drug, they may be charged with DUI Marijuana or a Controlled Substance, highlighting the danger posed when drugs impair driving abilities.

In some cases, a DUI charge may escalate to a felony. This severe classification is reserved for instances where a driver has numerous prior DUIs or when the DUI leads to serious injury or death, reflecting the grave consequences of such incidents.

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Consequences of DUI Conviction in Georgia

In Georgia, the repercussions of a DUI conviction are profound and extensive, permeating various facets of one’s life. Firstly, the criminal penalties are substantial, varying based on the DUI’s classification and any existing aggravating factors. Convicted individuals might encounter a range of sanctions including fines, probation, community service, compulsory participation in DUI education programs, and possibly jail time.

Additionally, those found guilty typically face a suspension of their driver’s license. The duration of this suspension hinges on several elements, such as the number of prior offenses and the blood alcohol concentration (BAC) at the time of arrest.

In certain instances, a court may mandate the installation of an ignition interlock device (IID) on the vehicle of the convicted individual. This device prevents the engine from starting until the driver successfully passes a breathalyzer test, thus acting as a preventive measure against future DUI infractions.

The impact of a DUI extends into the realm of auto insurance as well, often resulting in a steep hike in premiums or outright cancellation of coverage. This can make securing insurance in the future both difficult and costly.

Beyond the legal and financial consequences, a DUI conviction can inflict significant damage to one’s professional and personal life. It may hinder employment prospects, affect professional licensure, and tarnish an individual’s reputation within their community, disrupting both career trajectories and personal relationships.

Fighting for Your Rights

If you’re facing a cannabis DUI charge and need a strong defense, reach out to the skilled attorneys at Willis Law Firm. With over two decades of experience in criminal defense, we’re dedicated to safeguarding your rights and pursuing the most favorable resolution for your case. Schedule a complimentary consultation with our team today to start the process of protecting your interests and advocating on your behalf.

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