Facing DUI charges for marijuana impairment in Georgia can leave you feeling lost and uncertain. The confusion and anxiety that come with being arrested are real, and it’s completely understandable to feel worried about what comes next. At Willis Law Firm, we understand the impact these charges can have on your life, and we are here to help you navigate through this challenging situation. You don’t have to face it alone. Our team is dedicated to guiding you towards the best possible outcome for your case.
The legal landscape surrounding marijuana impairment and DUI in Georgia can be complex. With marijuana still illegal for recreational use in the state, DUI charges related to marijuana impairment are strictly enforced. However, every case is unique, and we are here to explain the penalties, the legal process, and how we can support you through each step of your case.
What You Need to Know About DUI Marijuana Impairment in Georgia
Driving under the influence of marijuana in Georgia is a serious offense. Although marijuana is legal for medical use in Georgia, the rules surrounding marijuana impairment for drivers are strict. Unlike alcohol, where the law has a clear limit for impairment (0.08% blood alcohol content), marijuana impairment doesn’t have a simple test to define impairment levels. Instead, law enforcement often relies on field sobriety tests, blood tests, and the officer’s observations to build the case for marijuana impairment.
Georgia’s DUI law makes it illegal to drive under the influence of any drug that impairs your ability to drive safely, and marijuana falls under this category. Even if marijuana is legally prescribed for medical use, driving under its influence is still a crime if it affects your ability to drive. The absence of a concrete measurement for marijuana impairment doesn’t mean you are automatically safe from a DUI charge. If a law enforcement officer believes you are impaired by marijuana, they can arrest you, regardless of whether the drug’s effect on your body is clearly proven.
Greg Willis has been successful at defending DUI cases (over 93.1% 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 Legal Process and Testing for Marijuana DUI
If arrested for DUI related to marijuana impairment, the legal process can be overwhelming. Once arrested, you may be asked to submit to chemical tests, including blood, urine, or saliva tests to detect marijuana in your system. Under Georgia’s implied consent law, refusal to take a chemical test can result in automatic penalties, such as a license suspension. However, even if marijuana is found in your system, it does not automatically mean you were impaired at the time of your arrest.
Law enforcement officers may also rely on their observations, such as your behavior, physical appearance, or performance on field sobriety tests, to build the case for marijuana impairment. The prosecution will attempt to prove your impairment using test results, the officer’s observations, and other available evidence. Given that marijuana can remain in your system long after its effects have worn off, there may be room to argue that you were not impaired when the arrest occurred.
Penalties for Marijuana DUI in Georgia
The penalties for a DUI conviction related to marijuana impairment can be severe, with lasting consequences on your life. The specific penalties depend on factors such as previous DUI convictions, whether anyone was harmed during the incident, and your cooperation with law enforcement. A first-time DUI marijuana conviction may lead to a one-year license suspension. However, you may be eligible for a limited or restricted license that allows you to drive for specific purposes, such as work or school.
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
Fines for DUI marijuana convictions can vary based on the specifics of your case but can be significant. Community service is often required as part of a DUI sentence. You may be ordered to complete a set number of community service hours. Jail sentences are possible, especially if the offense is aggravated or you have previous DUI convictions. However, first-time offenders often have the option of probation instead of jail time.
Attendance in drug and alcohol education programs is often mandated after a marijuana DUI conviction. These programs educate drivers about the dangers of impaired driving and help prevent future offenses. Repeat offenders face harsher penalties, including longer license suspensions, larger fines, mandatory jail time, and extended probation periods.
How to Defend Against DUI Marijuana Charges in Georgia
It’s essential to remember that being arrested for DUI marijuana impairment does not mean you are automatically guilty. There are several defense strategies an experienced attorney can use to challenge the charges. One of the most effective defenses is proving you were not impaired at the time of driving. Marijuana can stay in your system long after its effects have worn off. A positive test result for marijuana does not necessarily mean you were impaired when driving.
Another defense strategy is challenging the results of the chemical tests used by law enforcement. Blood, urine, and saliva tests are not flawless. A defense attorney can scrutinize the procedures and argue that the test results were inaccurate, possibly leading to the dismissal of evidence.
Featured Case Results
Protecting a Professional License After a DUI and Refusal of a Blood Test
Result: DUI Dismissed with No Jail Time and No Loss of License
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Result: No Jail Time, No DUI on Record, No License Suspension
Field sobriety tests are subjective. An officer may misinterpret your behavior or miss factors that explain your actions. A skilled attorney can argue that your behavior was caused by something other than marijuana impairment. In some cases, a medical condition or other medications might cause symptoms similar to marijuana impairment. An attorney can argue that your condition, not marijuana, led to the arrest.
Why You Need Legal Help
DUI charges for marijuana impairment can be complex, with severe consequences for your life. The impact of a conviction can affect your driving privileges, financial situation, and even your freedom. An experienced attorney can help you understand your rights, evaluate the evidence against you, and develop a strong defense strategy.
At Willis Law Firm, we are committed to providing empathetic, effective, and personalized legal representation. We understand that facing DUI charges can be stressful, and we are here to help guide you through the process. With a proven track record and a deep understanding of the legal process, our team will work hard to secure the best possible outcome for you.
If you are facing DUI charges for marijuana impairment in Georgia, don’t wait to get help. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. Contact Willis Law Firm today to schedule a consultation and learn how we can assist you in defending your case. Let us put our experience to work for you.