A driver can be charged with DUI drugs if under the influence of substances that make them less safe to drive. A DUI drug charge is typically a misdemeanor.
While most people think of alcohol when they hear DUI (or driving under the influence), someone can be guilty of DUI for drugs, as well. It also doesn’t matter whether or not the drugs are prescription, illegal, or over-the-counter. If they impair the ability to drive, it’s unlawful.
Georgia Laws on DUI: Drugs
Under Georgia Code § 40-6-391(a), a person should not drive or operate a moving vehicle while “under the influence of any drug to the extent that it is less safe for the person to drive.” In this situation, a driver can be charged with “DUI less safe.”
DUI Less Safe
Someone can also be charged with “DUI drugs less safe” if they are under the influence of the following substances to the point where it is less safe for them to drive:
- Glue, aerosol, or another toxic vapor
- Two or more substances that include alcohol, drugs, or toxic vapors
- Marijuana or a controlled substance
It does not have to be proved that the driver has a specific level of drugs in their system to be charged with DUI: drugs less safe to drive. If there is evidence of impairment like slurred speech, dilated pupils, erratic driving, or evidence of drugs in the vehicle, that might be enough to charge the driver.
DUI: Drugs Per Se
If a driver undergoes a chemical test and they’re found to have drugs in their system, they can also be charged with “DUI: drugs per se.” Under the per se law, no one can drive with any amount of marijuana or a controlled substance in their urine or blood. They can only be convicted if they are considered to be incapable of safe driving.
Certain court cases, including Love v. State in 1993, have limited how DUI drugs per se charges can be used. It can now only apply in cases where drugs with no lawful use are shown through a chemical test. This includes drugs like heroin and cocaine. Otherwise, the impaired person will typically be charged with DUI drugs less safe.
What About Prescription Drugs?
It’s reasonable to assume that prescription drugs would not count. However, someone can still be convicted of DUI: drugs even if they are taking a medication legally prescribed by their doctor.
If the prescription drug makes the driver incapable of driving safely, they may be charged with DUI: drugs. For example, some prescription drugs will have clear instructions to not operate a vehicle while taking them. Drivers should be careful to follow these instructions so as not to endanger themselves and others on the road.
Penalties for DUI: Drugs in Georgia
DUI: drug charges are typically misdemeanor crimes, which usually involve lesser punishments than felonies. A misdemeanor in Georgia can carry up to a $1,000 fine and 12 months of jail time.
If it’s someone’s first DUI: drugs conviction in 10 years, they will also face:
- 12 months of probation
- DUI school
- A clinical drug and alcohol evaluation
- 40 hours of community service
- Possible driver’s license suspension (typically for six months)
If a driver gets charged with DUI: drugs twice in 10 years, they will face at least:
- 72 hours of jail time
- 12 months of probation
- A $600 fine
- DUI school
- A clinical drug and alcohol evaluation
- 30 days of community service
- A hard suspension on their driver’s license
Talk to a Drunk Driving Accident Lawyer in Georgia for Free
If you or a loved one was injured in an accident where the other driver was impaired by drugs or alcohol, contact John Foy & Associates today. We are dedicated to getting car accident victims the compensation they deserve and holding the negligent driver responsible.
To get a FREE consultation and case evaluation, call (404) 400-4000 or contact us online today.
