In Georgia, DUI laws are not limited to just alcohol. You can be charged with DUI for being impaired by drugs, whether legal or illegal.
What if I took the blood test?
If you take the state administered blood test and the results show you had drugs in your system, the state might charge you with DUI Per Se Drugs. In these cases, the state does not have to show that you were impaired but only that you had illegal drugs present in your system.
What if I didn't take the blood test?
If you didn't take the state administered blood test, you could still be charged with DUI Less Safe Drugs. In that case, the state would have to prove beyond a reasonable doubt that you were under the influence of a drug to the extent you were a less safe driver had you not be under the influence of that drug. They don't have to prove what drug you had taken, just that it was a drug, other than alcohol, that impaired you.
Penalties for DUI Illegal Drugs
The criminal penalties for DUI drugs is the same as for alcohol. See 1st DUI, 2nd DUI, 3rd DUI, and Felony DUI for more information.
However, you will be facing different license suspensions.
- If the drug offense involved a use of a motor vehicle, driver could face a driver's license suspension
- First conviction in 5 years - mandatory 180 day suspension (6 months). For reinstatement, must take a DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee of $210.
- Second conviction in 5 years (measured from arrest to arrest) - 3 years but may apply to get reinstatement after 1 year from date of conviction. Must take a DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee of $310.
- Third conviction in 5 years (measured from arrest to arrest) - considered a habitual violator
(OCGA 40-5-75)
Are there defenses to DUI Drug Per Se charges?
One defense to a DUI Drugs Per Se charge is the type of drug that was found in your system. This charge has been limited by the higher courts in Georgia due to challenges to the type drug that was found in the driver's system.
In Love v. State, the Georgia Supreme Court held that the DUI Per Se Drugs statute’s treatment of legal versus illegal marijuana users was unconstitutional. The Court found it a violation of equal protection that legal marijuana users could be convicted only if their use rendered them incapable of driving safely, whereas those who illegally ingested marijuana faced prosecution for having any amount of marijuana in their system even if not impaired. 271 Ga. 398 (1993)
Sandlin v. State, the Georgia Court of Appeals used the Love Court’s rationale to hold that the DUI Per Se Drugs statute was unconstitutional when it was applied to alprazolam (Xanax) users. 307 Ga.App. 573 (2011).
In accordance with these rulings, the DUI Per Se Drugs statute should only apply in cases where a chemical test shows the presence of drugs that have no lawful use, such as cocaine and heroin. For all other drugs, the prosecutor will likely have to resort to a DUI Less Safe Drugs charge. (Keenum v. State, 248 Ga.App. 474 (2001)).
If your case involves a drug that is legal for someone to have in the United States but you were charged with DUI Per Se Drugs, there might be a defense resulting in a dismissal in your case. Also, depending on your case's statute of limitations, the state would not be able to re-indict or re-accuse your case due to this error.
Another defense would involve analyzing the blood result from the GBI Crime Lab. Depending on the levels of the drug or if it was found in the blood or urine would open up defenses only an experience attorney would be able to determine and argue.
Are there defenses to DUI Less Safe Drugs cases?
If you are charged with DUI Less Safe Drugs, the state has the very high burden of proving that you were under the influence of a drug, other than alcohol, to the extent you were a less safe driver than had you not be under the influence of the drug. They can prove that by arguing your driving manifestations, the officers observations, performance on the SFSTs (standardized field sobriety tests) and any admissions you may have made.
This is where an experienced attorney steps in and knocks down the state's case. First, Bray Law can file Motions to Dismiss or Motions to Suppress that may get your case dismissed or, at the minimum, evidence kicked out so the state can't use it against you. If the case continues, Bray Law has the experience needed to analyze your case and spot the flaws in the state's argument. We can then use that to negotiate for a reduction or argue to a jury for an acquittal.
Bray Law is the attorney you need if you are charged with DUI Drugs. Give us a call or message us today for a Free Consultation.