Criminal Defense Matters

Criminal Defense Matters

Criminal Defense Matters

GA DUI Marijuana Penalties | DUI Drugs Attorney

GA DUI and Marijuana
Cory Yager, William C. Head, Larry Kohn

DUI Drugs in Georgia Usually Means DUI Marijuana

GA DUI Laws: DUI Drugs is Potentially Worse Than a Conviction for DUI Alcohol

The majority of people assume driving under the influence “DUI” only applies to the consumption of alcohol. In Georgia, a driver can be charged with “drugged driving” or “DUI-D,” driving under the influence of drugs, if he or she was in control of a motor vehicle while under the influence of marijuana or a controlled substance. Marijuana can create a positive blood test for up to a month after you smoke or ingest it, so a blood test could be positive and you could be incorrectly charged. This is the “per se” law in Georgia, which states that you cannot have any amount of any drug in your system when driving, even if that drug is prescribed to you.

This “per se” law applies to DUI-alcohol cases when your Blood Alcohol Content (BAC) level test results indicate a 0.08% or higher at the time you were driving. (BAC level is determined by a chemical test via blood, breath, or urine.)  

GA DUI Marijuana Penalties | DUI Drugs

In Georgia, DUI charges trigger two types of penalties, criminal penalties and administrative penalties.  Having a Georgia driver’s license is like having a contract with the state of Georgia. Under Georgia implied consent law, the police read you the implied consent notice and you either agree or refuse to submit to chemical testing (i.e., giving a breathalyzer, blood test, or urine test) after being lawfully arrested for DUI drugs or alcohol.

Avoid License Susepnsion GA Implied consent

A refusal of this test can result in a one-year driver’s license suspension as an administrative penalty for DUI in Georgia.

GA DUI Marijuana License Suspension

Under recent changes to Georgia DUI law, you now have 30 CALENDAR days to save your right to drive by requesting an administrative review hearing. Plus, for most Georgia licensees, you now have another option for anyone with a first-offense DUI within the past five years, by agreeing to install (and pay both the installation and monitor fees) an ignition interlock device on your vehicle.

What Are the Penalties for Marijuana DUI?

Georgia DUI penalties vary upon the type of DUI charge and if the offender has any prior charges of the same nature. Driving under the influence of marijuana (or any other drug) has multiple consequences that are harsher than DUI-alcohol cases. This list highlights those tough consequences:

  1. First offense: a misdemeanor, but carries a fine of up to $1,000 and 24 hours in jail, with further jail time of up to a full year possible.
  2. Mandatory alcohol or drug screening and treatment as necessary (based on your evaluation.)
  3. Second marijuana DUI offense: a minimum 72 hours in jail, with possible additional time (judge’s discretion) of up to one year;
  4. A fine of up to $1,000.
  5. Surcharges for DUI drugs are DOUBLE the fine amount, which is worse than for DUI alcohol.
  6. Community service is required in all cases and can range from 40 to 480 hours, depending on the offense (1st DUI, 2nd DUI in GA, 3rd DUI, etc.)
  7. Probation for a full year, less any days you serve in jail.
  8. DUI classes, which is called the Risk Reduction Program, in Georgia. The DUI school certificate will be needed to get early license reinstatement. Click here for a list of locations that offer DUI classes in Ga.
  9. Last but not least, TOTAL license suspension for at least six months, and up to three full years.
  10. Third DUI drugs offense: A statutory minimum of 15 days in jail and up to a year, community service, drug or alcohol rehabilitation, and probation; license revocation for five years; an ignition interlock device is likely. A 3rd DUI in Ga. within five years can also trigger habitual violator status.
  11. Fourth DUI drug offenses and after: a felony. Fines up to $5,000, with not less than 90 days to five years in jail or state prison.
  12. DUI penalties could be harsher if you were transporting a child (or children) under age 14 while under the influence of alcohol or any drug including weed, if you had an accident involving a serious injury (or injuries) or if you had an accident resulting in the death of another person. These charges are felonies.

Marijuana DUI Jail Time

Frequently Asked Questions about DUIs

Georgia DUI Marijuana Lawyer

Call Our 24 Hour Georgia DUI Marijuana Lawyers

If you are facing any DUI charge, you need an experienced DUI attorney to fight for you. Call the law offices of Kohn & Yager, LLC. or William C. Head, P.C. to speak to one of our Atlanta DUI lawyers Bubba Head, Larry Kohn, or Cory Yager at (404) 567-5515 to get the best DUI-D/DUI marijuana defense in Georgia. We have helped thousands of clients who were wrongly accused of driving under the influence of marijuana. To get the best possible outcome, you need the best representation, and our DUI defense lawyers provide exactly that. Our criminal attorneys will go the extra mile for their clients, literally. Our attorneys serve Bartow County, Cherokee County, Cobb County, Dekalb County, Fulton County,  Gwinnett County, Henry County, Walton County, and several surrounding municipalities. Schedule your FREE consultation today to discuss the details of your DUI case by calling (404) 567-5515 or by clicking on the link below.


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