Possession of more than an ounce of marijuana—a Schedule I controlled substance—is a felony. In Georgia, a driver can be charged with “drugged driving” if he or she was in control of a motor vehicle while under the influence of marijuana. 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.
Having a Georgia driver’s license is a contract, and you agree to chemical testing if requested. Refusing means your license is automatically suspended, and you have 10 days to save your right to drive by requesting an administrative review hearing.
What Are the Penalties for Marijuana DUI?
Driving under the influence of marijuana has consequences:
- First offense: a misdemeanor, but carries a fine of up to $1,000 and 24 hours in jail, with further jail time of a year possible. Community service, probation, and enrollment in a risk reduction program are likely.
- Second offense: 72 hours in jail, with possible additional time of up to one year; a fine of up to $1,000. Community service, probation, and mandatory alcohol or drug treatment, as well as a risk reduction program, are likely, as is license suspension of up to three years and possibly an ignition interlock device.
- Third offense: 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.
- Fourth offense and after: a felony. Fines up to $5,000, 90 days to five years in jail, and possibly permanent vehicle loss.
Penalties could be harsher if you were transporting a child while under the influence or had an accident.
Get Kohn & Yager to Help
If you have been arrested for driving under the influence of marijuana or any other drug or alcohol, call Kohn & Yager 24 hours a day, 7 days a week, for a free consultation. We are ready to get to work for you.
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