You can be charged for driving under the influence of marijuana
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.
DUI Drugs Per Se versus DUI Drugs Less Safe
DUI Drugs Per Se Defense
If you take the state administered test and the results show you had marijuana in your system, the state might charge you with DUI Per Se Drugs. However, there may be a legal defense to this charge. 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). Therefore, one defense to this 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 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.
DUI Drugs Less Safe Defense
The proper charge for someone driving under the influence of marijuana would be DUI Less Safe Drugs, even if the driver took the state administered blood test.
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.
What if I took the blood test?
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 experienced attorney would be able to determine and argue. The state would have to call a toxicologist from the GBI to testify as to the blood results. Attorney Bridgett Bray has been trained by those same GBI toxicologists and knows how they think and what they will say - and knows how to effectively cross-examine them.
What if I didn't take the blood test?
If you did not take the test, you could still be charged with DUI Less Safe Drugs. In order to show this, the state would have to prove beyond a reasonable doubt that you were driving under the influence of a drug (in this case, marijuana) to the extent you were a less safe driver than if you were not under the influence. The state would be relying solely on the video of the stop, the standardized field sobriety tests (SFSTs), and the officer's observations.
In these cases, an attorney would be able to determine if the stop was a lawful stop, if the officer was qualified and trained in drug detection, and if you showed any signs at all of impairment through the eyes of a jury.
Penalties for DUI Marijuana
The criminal penalties for DUI Marijuana 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.
- 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)
Why should I hire Bray Law?
Bray Law would be able to analyze your case and determine any defenses you may have in your DUI Marijuana case and file the appropriate motions on your behalf that could lead to a dismissal or reduction. Bray Law would also be able to use her experience to negotiate for a lesser charge (like a reckless driving) or argue for an acquittal to a jury.
A conviction for DUI Marijuana (less safe drugs) can have serious consequences not just on your criminal history and pocketbook, but also on your driver's license validity. Don't wait to hire an attorney who can help save you on all three fronts. Contact us today for a Free Consultation.