Understanding Drug-Related DUIs in Georgia What Makes Them Different

Facing a DUI charge can be overwhelming, especially if it involves drugs. If you’re here reading this, it’s likely because you’re worried and confused about what to do next. Rest assured that you are not alone. Many people feel uncertain when confronted with the complexities of a drug-related DUI. In Georgia, DUI cases that involve drugs can be particularly challenging, as they are different from alcohol-related DUIs in several important ways. At this point, it’s understandable that you might be feeling anxious or unsure about what the future holds. That’s why we are here to offer guidance and support. Our firm understands how tough this situation is and is ready to help you through it, with the goal of achieving the best possible outcome for your case.

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What Is a Drug-Related DUI in Georgia?

A DUI in Georgia refers to driving under the influence of alcohol or drugs, but drug-related DUIs have specific legal nuances. In Georgia, a DUI charge can arise not only from alcohol consumption but also from the use of illegal drugs, prescription medications, or even over-the-counter drugs that impair your ability to drive safely. A drug-related DUI can occur if law enforcement suspects that drugs in your system impaired your ability to operate a vehicle safely. Unlike alcohol-related DUIs, where blood alcohol concentration (BAC) is tested, drug-related DUIs rely on other forms of evidence to show impairment.

How Are Drug-Related DUIs Different from Alcohol-Related DUIs?

One of the most significant differences between drug-related and alcohol-related DUIs in Georgia is how impairment is measured. For alcohol, the legal limit is clear – a BAC of 0.08 percent or higher can result in a DUI charge. However, there is no specific “legal limit” for drugs, which makes these cases more complicated. Instead, law enforcement officers rely on observations, field sobriety tests, and drug recognition specialists (DREs) to determine if a driver is under the influence of drugs. This creates a more subjective standard of proof.

While alcohol-related DUIs are often based on a straightforward BAC test, drug-related DUIs can involve complex toxicology reports and testimony. This is why drug-related DUIs require a deeper understanding of the legal process and the science behind drug testing. The type of drug involved can also affect the case. For example, prescription medications like opioids, benzodiazepines, or stimulants can impair your ability to drive, even if they were legally prescribed. Similarly, marijuana use remains a major issue in Georgia, where testing for THC can lead to different legal challenges compared to alcohol-related DUIs.

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

 

The Role of Field Sobriety Tests and Drug Recognition Specialists

In Georgia, when a law enforcement officer suspects that a driver is under the influence of drugs, they may request a field sobriety test (FST). These tests are designed to assess a person’s coordination and ability to perform basic tasks, such as walking in a straight line or standing on one leg. However, unlike alcohol-related DUIs, where the results of these tests can be more clearly linked to impairment, drug-related DUIs are more subjective. A driver who is under the influence of drugs may still pass some of these tests, but other signs such as bloodshot eyes, slow speech, or a lack of coordination could indicate impairment due to drugs.

Another important aspect of drug-related DUIs is the involvement of Drug Recognition Experts (DREs). These officers are trained to recognize the signs of impairment caused by drugs and are called upon in cases where drug impairment is suspected. A DRE will assess the driver’s condition using a specific set of tests, including checking for physical symptoms of drug use, such as pupil dilation or abnormal eye movement. The DRE’s evaluation can be a key piece of evidence in a drug-related DUI case, but it can also be challenged in court. Understanding the science behind drug impairment and how to dispute a DRE’s findings is critical to fighting these charges.

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

What Happens After a Drug-Related DUI Arrest?

If you are arrested for a drug-related DUI in Georgia, you may be required to submit to a blood test or urine test to detect the presence of drugs in your system. Unlike alcohol testing, which can be done quickly with a breathalyzer, drug testing often involves sending the sample to a laboratory for analysis. This process can take longer and may not provide immediate results, adding complexity to the case. The presence of drugs in your system is not enough by itself to convict you of a DUI. Prosecutors must prove that the drugs impaired your ability to drive, and this can be challenging to do, especially when the tests are not as conclusive as alcohol tests.

It is important to remember that in Georgia, you have the right to refuse a chemical test, but refusal comes with its own penalties. If you refuse to submit to a drug test after being arrested for a DUI, your driver’s license may be suspended for a year, regardless of whether or not you were actually impaired. Understanding the legal consequences of this decision is crucial, and having a legal professional by your side can help you navigate this complex situation.

Defenses to Drug-Related DUI Charges

Just like with alcohol-related DUIs, there are several potential defenses to drug-related DUI charges in Georgia. One of the most common defenses is challenging the accuracy of the drug tests. Blood and urine tests are not always foolproof, and mistakes can be made during the collection, storage, or analysis of the sample. Another defense is questioning the validity of the field sobriety tests or the DRE’s assessment. If the tests were not conducted properly or if the officer did not follow protocol, this could weaken the case against you.

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In some cases, the drugs in your system may not have impaired your ability to drive. For example, if you were taking prescription medication as prescribed by a doctor, it may be possible to argue that you were not impaired at the time of the arrest. Proving that you were not under the influence or that the evidence against you is unreliable is essential to building a solid defense.

How Our Firm Can Help You With Your Drug-Related DUI Case

If you are facing a drug-related DUI charge in Georgia, you may be feeling overwhelmed and unsure of where to turn. These cases are complicated and require careful legal analysis. At our firm, we understand the challenges you are facing and are here to offer you support and guidance throughout the legal process. Our team has experience handling drug-related DUI cases and will work diligently to ensure that your rights are protected. We know how to challenge the evidence presented against you and will work tirelessly to build a defense tailored to the specifics of your case.

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If you have been arrested for a drug-related DUI, the outcome of your case is not set in stone. With the right legal representation, you have the opportunity to fight the charges and protect your future. Don’t face this challenging situation alone. Reach out to us today to schedule a consultation, and let us help you navigate the complexities of your case. Our firm is committed to achieving the best possible outcome for you and your family.

To learn more about this subject click here: Common Drugs Implicated in DUI Cases: Effects and Legal Implications