More Than 93.1% of Our DUI Cases Have Resulted in No Conviction Over the Past 13 Years

More than 15 years of experience challenging the Supreme Court in DUI cases.

Atlanta DUI Attorney

Atlanta
THC DUI Lawyers

Tirelessly Protecting Your Constitutional Rights in Georgia

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    Atlanta DUI Attorney

    Atlanta
    THC DUI Lawyers

    Tirelessly Protecting Your Constitutional Rights in Georgia

    Do You Need Legal Help?

      Greg Photo-Gold

      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.

      1.
      Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client
      2.
      Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country
      3.
      Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

      Best Lawyers In America

      2025 Atlanta's Best - Defense Law Firm

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      BadAss Attorney Award

      10 Consecutive Years Selected to Super Lawyers

      AVVO 10

      AV Preeminent
      Police DUI - Atlanta DUI Attorney - Greg Willis Law Firm

      "Attorney Greg Willis is someone I am truly thankful to have had in my corner during one of my most stressful times. He goes above and beyond and has your best interest at heart. I couldn’t recommend him more to anyone in need of someone to represent them as they deal with a DUI."

      - Juan Castilla

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      Atlanta Criminal Trial Attorney Greg Willis Testifying in front of the Georgia House of Representatives

      Atlanta Criminal Trial Attorney Greg Willis Testifying in front of the Georgia House of Representatives

      Atlanta Criminal Trial Attorney Greg Willis Testifying in front of the Georgia House of Representatives

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      Atlanta DUI Attorneys » Atlanta THC DUI Attorney

      Atlanta THC DUI Attorney

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      If you have landed on this page, you are likely looking for help after being arrested for a THC DUI in Atlanta, Georgia. Being charged with driving under the influence of marijuana can leave you feeling uncertain about your future. You may be worried about your job, your driver’s license, and your criminal record. At Willis Law Firm, our experienced DUI attorneys are here to guide you through the legal process and help you pursue the best possible outcome for your case.

      Facing a DUI charge is not something you have to do alone. The law in Georgia is complex, and having a knowledgeable attorney on your side can make a significant difference in how your case unfolds.

      Understanding Georgia’s DUI Law (O.C.G.A. § 40‑6‑391)

      Georgia’s DUI statute is found in the Official Code of Georgia Annotated § 40‑6‑391. This law makes it a crime to operate a motor vehicle while impaired by alcohol or drugs. Under the statute, it is illegal to drive:

      • while under the influence of any drug to the extent that it makes you less safe to drive;
      • or with any amount of marijuana or a controlled substance in your blood or urine, including metabolites or derivatives.

      You can read the full text of the code here:
      📜 Georgia Code § 40‑6‑391 – Driving under the influence of alcohol, drugs, or other intoxicating substances

      This means that Georgia does not set a specific THC limit like some states do for alcohol. Instead, the law allows prosecutors to charge a driver whenever any controlled substance, including THC or its metabolites, is present in the body while driving. This is sometimes called a zero tolerance per se rule for drugs.

      Georgia also considers drugged driving if the drug makes you less safe to drive, even if there is no specific measurable amount in your system. An officer can point to driving behavior, field sobriety tests, or physical observations to support this.

      Is Marijuana Legal in Georgia?

      Many people ask, “Is THC legal in Georgia?” The short answer is complicated. Georgia law allows very limited medical marijuana use, specifically low‑THC oil under certain medical conditions, but recreational marijuana remains illegal everywhere in the state. Law enforcement still enforces drugged driving laws based on impairment or the presence of marijuana or its metabolites in your system.

      Importantly, even if you qualify for Georgia’s limited medical marijuana program, that does not give you permission to drive after using cannabis. The DUI statute expressly states that legal entitlement to use a drug is not a defense unless it can be shown you were not rendered incapable of driving safely.

      This means you could still be charged with a THC DUI even if you had a medical marijuana prescription.

      How THC DUI Charges Work in Practice

      In Georgia, a THC DUI can be charged in one of two ways:

      1. DUI Based on Impairment (Less Safe)
        Prosecutors must prove that you were under the influence of a drug to the extent that you were less safe to drive. This is similar to drunk driving charges, and relies on officer observations, field tests, and other evidence of impaired driving.
      2. DUI Based on THC Presence
        Under O.C.G.A. § 40‑6‑391(a)(6), it is also illegal to drive with any amount of marijuana or controlled substance in your blood or urine, including THC metabolites, regardless of whether you appear impaired. This can be a powerful tool for prosecutors, because THC can remain detectable long after the psychoactive effects have worn off.

      Because of this second type of charge, many people face DUI prosecution in Georgia even when they do not feel “high” at the time of driving. That is why it is especially important to have an attorney who understands how these laws are applied and how to challenge the State’s evidence.

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      Penalties for a THC DUI in Georgia

      The penalties for a THC DUI in Georgia depend on whether it is your first, second, or subsequent offense. The criminal statute provides increasing consequences for repeat convictions.

      First Offense

      For a first DUI conviction, including those involving THC, penalties may include:

      • Jail time of 24 hours up to 12 months.
      • Fines typically from $300 to $1,000 or more.
      • Mandatory participation in a DUI Risk Reduction Program (DUI school).
      • At least 40 hours of community service.
      • Up to 12 months of probation.

      Second Offense

      A second DUI conviction within ten years carries enhanced penalties:

      • Greater mandatory jail time (often 72 hours or more).
      • Fines up to $1,000.
      • Longer community service requirements.
      • Mandatory clinical evaluations and possible treatment.
      • Longer probation and potential license suspension.

      Third and Subsequent Offenses

      Third or subsequent DUI convictions can lead to:

      • Higher fines and longer jail sentences.
      • Possible classification as a high and aggravated misdemeanor.
      • Extended periods of probation, license suspension, and other administrative consequences.

      These penalties are in addition to administrative driver’s license actions handled by the Georgia Department of Driver Services (DDS), which can suspend your license separate from the criminal case.

      Why a Lawyer Matters in THC DUI Cases

      A THC DUI charge is not just a traffic citation — it is a serious criminal offense with long‑term consequences. A conviction can affect employment opportunities, insurance rates, driving privileges, and your criminal record.

      At Willis Law Firm, our Atlanta DUI attorneys have experience handling drug‑related DUI charges. We can:

      • review your arrest and evidence,
      • challenge improper stops or testing procedures,
      • examine whether chemical tests were conducted correctly,
      • negotiate with prosecutors, and
      • represent you in court if necessary.

      We understand both the criminal and administrative sides of DUI cases, including how DDS may independently suspend your license.

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      Choosing a Team of Experienced Atlanta DUI Lawyers

      Being arrested for a THC DUI can be overwhelming. Many people feel confused about what to do next and may make decisions that unintentionally make their case worse. Understanding common mistakes can help protect your rights, your license, and your future. Making the wrong move after a THC DUI arrest, even without meaning to, can affect the outcome of your case. That is why it is important to know what steps to avoid and how an Atlanta THC DUI Attorney can help guide you through the process.

      Talking to Police Without a Lawyer

      One of the most common mistakes people make after a THC DUI arrest is speaking to police without first consulting an attorney. Even if you think your answers are harmless or that you are just being cooperative, your statements can be used against you in court. Law enforcement officers may ask questions that seem routine, but without understanding your legal rights, it is easy to inadvertently admit something that could increase the severity of your charges. Politely requesting to speak with an Atlanta THC DUI Attorney before answering any questions ensures that your rights are protected and that you do not unintentionally provide evidence the state could use to build its case.

      Admitting Marijuana Use

      Some people try to explain that they only had a small amount of marijuana or that it was used for medical reasons. Even if you have a medical prescription, this does not change the law in Georgia. Driving under the influence of THC is illegal, and any admission of use can be used against you in a court of law. It is important to understand that THC can remain in your system for days after consumption, and the law does not require that you feel high for a DUI charge to apply. If you have questions about how the law applies to your situation, an Atlanta THC DUI Attorney can explain the statutes, including the details of is THC legal in Georgia + DUI, and help you avoid statements that could hurt your case.

      Ignoring Court Dates

      Another serious mistake is missing a court date. Failing to appear in court can result in a warrant for your arrest and may escalate the consequences of your DUI charge. It can also reduce your ability to negotiate for lower penalties or alternative sentencing options. Keeping track of court dates and showing up on time is essential. If you are unsure when or where your court date is, or if you have scheduling conflicts, an Atlanta THC DUI Attorney can help ensure that you comply with all requirements and that your case proceeds without unnecessary complications.

      Posting About Your Arrest Online

      Many people do not realize that social media posts about their arrest can be used as evidence. Sharing details about the arrest, the events leading up to it, or your feelings about the situation can create problems in court. Prosecutors and law enforcement often monitor online activity, and posts can be interpreted as admissions of guilt or recklessness. To protect your case, it is important to keep your arrest private and avoid discussing it publicly. A trusted Atlanta THC DUI Attorney can advise you on how to handle communication during the legal process and help prevent any online activity from affecting your defense.

      Trying to Handle the Case Alone

      Some people attempt to manage a THC DUI case without any legal guidance, thinking that they can navigate the system on their own. DUI laws in Georgia are complex, and even small mistakes can lead to serious consequences, including longer license suspensions, higher fines, or jail time. An attorney can review the circumstances of your arrest, examine the evidence, and identify potential defenses that you might not know exist. By working with an Atlanta THC DUI Attorney, you can better understand your legal rights, explore options to reduce penalties, and take steps to protect your future.

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      Learn what you should and shouldn't be doing to help your DUI charge.

      Frequently Asked Questions – THC DUI in Atlanta, GA

      Here are some commonly asked questions about THC DUI defense in Atlanta, Georgia

      A THC DUI occurs when you are caught driving while under the influence of marijuana or THC. Georgia law considers you impaired if marijuana affects your ability to drive safely. Even if you do not feel “high,” THC in your system can lead to a DUI charge. If you have questions about your situation, contacting an Atlanta THC DUI Attorney can help you understand the law and your rights.

      Marijuana for recreational use is not legal in Georgia. Only low-THC oil is allowed for limited medical purposes. Having a medical prescription does not give you permission to drive while impaired. Driving with THC in your system is illegal, and a DUI charge can affect anyone caught driving under its influence.

      Penalties vary depending on whether it is your first offense or a repeat offense. First-time offenders may face fines, license suspension, community service, and mandatory participation in a DUI Risk Reduction Program. Repeat offenders could face longer license suspension, higher fines, mandatory drug counseling, and even jail time. An Atlanta THC DUI Attorney can explain how these penalties may apply to your case.

      It is important to be careful when speaking with law enforcement. Anything you say can be used against you in court. You have the right to remain silent and to request an Atlanta THC DUI Attorney before answering questions. Speaking without legal guidance can inadvertently hurt your case.

      An Atlanta THC DUI Attorney can review your arrest, explain the legal process, help you understand your rights, and explore options to reduce the impact of the charges. A lawyer can also guide you through court procedures and communicate with prosecutors on your behalf, ensuring that you make informed decisions.

      Yes. Even without a conviction, the Georgia Department of Driver Services can suspend your license if you were arrested for a THC DUI. A lawyer can help you navigate administrative hearings and work to minimize the impact on your driving privileges.

      Stay calm and avoid making statements that could be used against you. Do not drive until your case is resolved. Contact an Atlanta THC DUI Attorney as soon as possible to review your situation and discuss your options. Acting quickly can protect your rights and help you achieve the best possible outcome.

      If you have been charged with THC DUI in Atlanta, it is important to seek the assistance of a qualified THC DUI defense attorney. An attorney can help you understand the charges against you, navigate the legal system, and develop a defense strategy that protects your rights and interests.

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      Atlanta THC DUI Attorney Client Story

      Erica had never imagined that a short drive home from work would change her life so quickly. She had used marijuana earlier in the evening, thinking she was fine to drive. But in Georgia, even small amounts of THC can lead to a DUI. When the police pulled her over, her heart sank. She felt scared, confused, and unsure what to do next. Her mind raced with questions: Would she lose her license? Could this affect her job? Would she have a permanent criminal record?

      Feeling overwhelmed, Erica remembered hearing about Willis Law Firm. She picked up the phone and called Greg Willis, an Atlanta THC DUI Attorney. From the first conversation, Erica felt understood. Greg spoke to her calmly and explained how the law works, including the rules around whether THC is legal in Georgia + DUI. He helped her see that, even though she had been arrested, she had rights and options. She didn’t have to face this alone.

      Greg guided Erica through each step of the process. He explained how the arrest records would be reviewed, how chemical tests were handled, and what the prosecution would look at in her case. Erica learned that small mistakes—like talking too much to police officers without legal guidance—could make her situation worse. Greg helped her understand what to do and what to avoid, giving her a clear plan to protect her future.

      As the days went by, Erica felt the weight of uncertainty lift. She knew she had someone watching out for her. Greg met with her in person, going over her case in detail. He showed her what the state had to prove and how her rights could be protected. Each meeting gave her more confidence, and she felt less alone in what had felt like a frightening situation.

      When the case finally went to court, Erica felt nervous but prepared. Greg represented her calmly, presenting her story and challenging the evidence where it was weak. Thanks to his careful work, the charges against her were dismissed. Relief and joy washed over Erica. She could move forward without a permanent mark on her record, and she knew she had made the right decision by calling an Atlanta THC DUI Attorney she could trust.

      Erica’s experience shows that being arrested for a THC DUI in Atlanta does not have to define your life. With the right guidance, it is possible to protect your rights, understand your options, and achieve the best possible outcome. Erica now tells friends and family that calling Willis Law Firm was the best decision she ever made.

      Take the Next Step With an Atlanta THC DUI Attorney

      A THC DUI charge in Georgia carries real consequences — but it is not the end of the road. The science behind THC testing is imperfect, the law leaves room for interpretation, and every case has facts worth examining. At Willis Law Firm, our Atlanta DUI attorneys know how to challenge the State’s evidence, protect your license, and fight for the outcome you deserve.

      Whether this is your first arrest or you are facing a more serious situation, do not wait to get help. The sooner you speak with an attorney, the better positioned you will be. Contact Willis Law Firm today for a confidential consultation — and let us start building your defense.

      Client Reviews

      If you’re facing legal troubles and want to make sure you’re hiring the best lawyer to fight your case, the Willis Law Firm is the place to call. Their attorneys are extremely knowledgeable and go above and beyond to make sure their clients receive the best outcome possible. The office staff has always been extremely helpful and compassionate through each step of the way. Greg has helped me and my family with a few cases over the years and we’ve always received a great outcome. He and his staff are the best in the field. There’s a reason why other attorneys hire Greg to handle their cases! Highly recommend their services. You won’t be disappointed.

      Holly Cavanaugh

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