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
THC DUI Lawyers
Tirelessly Protecting Your Constitutional Rights in Georgia
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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.
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"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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Science Matters More Than The Charge
Georgia DUI law applies to more than just alcohol. Under O.C.G.A. § 40-6-391(a)(2) and (a)(3), a person can be convicted of DUI for being under the influence of any controlled substance, any drug, or any combination of alcohol and drugs to the extent that it is less safe for them to drive. This includes prescription medications, over-the-counter drugs, and marijuana.
THC DUI: Georgia has no per se legal limit for THC (unlike the 0.08% BAC standard for alcohol). This means the prosecution cannot simply point to a number and win — they must prove impairment. THC remains detectable in the bloodstream for days or weeks after any psychoactive effects have ended. A positive THC blood test result does not prove impairment at the time of driving, and we challenge this distinction in every THC DUI case.
Drug Recognition Evaluators (DREs): Law enforcement may call a Drug Recognition Evaluator — an officer trained to identify drug impairment through a 12-step evaluation. DRE opinions are opinion evidence and are subject to cross-examination and expert counter-testimony. Willis Law Firm challenges DRE evidence routinely.
Prescription drug DUI: Legally prescribed medications can still result in DUI charges if impairment is claimed. Willis Law Firm works with pharmacological experts to challenge both the claimed impairment and the testing methodology used to detect the substance.
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:
- 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. - 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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View more blogsChoosing 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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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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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
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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.






