Georgia DUI Drugs – Driving Under the Influence of Marijuana

While many Georgia jurisdictions are relaxing marijuana laws, it is important to understand that it is still against the law to drive under the influence of marijuana or any other drugs and alcohol. Georgia Code Section 40-6-391 makes it illegal for a person who is under the influence of any drug to operate a motor vehicle.

The circumstances of each individual case will dictate whether the State will actually be able to prove all of the necessary elements for DUI drugs. Thus, it is extremely important to seek the advice of an experienced Georgia criminal defense DUI attorney prior to appearing in court.

Possible Penalties for a DUI Drugs

If you are convicted of DUI drugs (marijuana), the penalties are the same as if you were driving under the influence of alcohol or any other drug; such as cocaine, methamphetamine or others. Just like a conventional DUI, the penalties for a first-time marijuana DUI could include:

  • Up to twelve (12) months in county jail;
  • A fine of no less than $300 and up to $1,000;
  • Up to twelve (12) months probation;
  • No fewer than 40 hours of community service;
  • DMV driver’s license suspension; and/or
  • Attend and complete a DUI class or Drug Use Risk Reduction program as directed by the court.

Each penalty can be increased significantly if you have multiple DUIs within a ten (10) year period — whether for alcohol, drugs or both — and could include significantly more jail time. Our attorneys at Treadaway & Treadaway are skilled criminal defense attorneys and can help explain the increased penalties and consequences for multiple DUIs.

Possible Marijuana DUI Defenses

If you were arrested for DUI of any drug, including a marijuana DUI, there are potential defenses at your disposal and you should consult an attorney to make sure your rights are protected. Some defenses include the fact that you:

  • Were not driving;
  • Didn’t use a drug;
  • Used marijuana but were no longer high when you drove; and/or
  • Had full control of your mental and physical abilities, unimpaired.

Unlike a conventional DUI alcohol, there are no accepted scientific standards indicating how marijuana impairs a person’s ability to drive safely or how much marijuana in a person’s system it takes to create impairment.

If you are cited, charged, or arrested for Driving Under the Influence of Marijuana, it is important to be aware of all your rights and the defenses available in your particular situation. Don’t rest on your rights. Contact Treadaway & Treadaway for a free consultation.


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