DUI Drugs in Georgia Usually Means DUI Marijuana
GA DUI Laws: DUI Drugs is Potentially Worse than a Conviction for DUI Alcohol
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 like having a contract with the State of Georgia. Under the Georgia implied consent law) you agree to submit yourself for chemical testing (i.e., giving a breathalyzer, blood test or urine test) after being lawfully arrested for DUI drugs, when police read you the implied consent notice in Georgia.
Refusing this test can mean a one-year driver’s license suspension, as an administrative penalty for DUI in Georgia.
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 5 years, by agreeing to install (and paying to install and monitor) an ignition interlock device on your vehicle.
What Are the Penalties for Marijuana DUI?
Driving under the influence of marijuana (or any other drug) has multiple consequences that are more harsh than DUI-alcohol cases. This list highlights those tough consequences:
- 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.
- Mandatory alcohol or drug screening and treatment, as necessary (based on your evaluation)
- Second marijuana DUI offense: a minimum 72 hours in jail, with possible additional time (judge’s discretion) of up to one year;
- A fine of up to $1,000.
- Surcharges for DUI drugs are DOUBLE the fine amount, which is worse than for DUI alcohol.
- Community service is required in all cases, with 40 to 480 hours, depending on the offense (1st DUI, 2nd DUI in GA, 3rd DUI, etc.)
- Probation for a full year, less any days that your serve in jail.
- DUI classes, which is called the risk reduction program, in Georgia. The DUI school certificate will be needed to get early license reinstatement.
- Last but not least, TOTAL license suspension for at least 6 months, and up to three full years.
- 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 within 5 years can also trigger habitual violator status.
- Fourth DUI drugs offense and after: a felony. Fines up to $5,000, with not less than 90 days to five years in jail or state prison.
- 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, or if you had an accident involving injury or a death.
Call Our 24 Hour Georgia DUI Marijuana Lawyers
Call GA DUI lawyers Bubba Head, Larry Kohn, or Cory Yager at (404) 982-4405 to get the best DUI marijuana defense in Georgia. We have helped thousands of clients who were wrongly accused of driving under the influence of marijuana.
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