In the State of Georgia, if someone is arrested for a DUI (driving under the influence), most people assume that the intoxicant is alcohol. Not always! Sometimes (and more frequently than you think) you can be arrested for using marijuana and getting behind the wheel, which is sometimes referred to as “drugged driving” or “DUI drugs.” Marijuana is not legal for use in Georgia, and a marijuana DUI arrest carries serious consequences. You will need a Marijuana DUI Georgia Lawyer who understands the system. As a Former Prosecutor, we can help.
Marijuana, like alcohol and other drugs, is considered to be a substance that impairs your ability to drive a vehicle. When you are pulled over by a police officer, what happens next is not really any different than if you are pulled over for an alcohol DUI. You may be required to perform Field Sobriety Tests. The officer will note any signs that you are under the influence of marijuana.
These can include:
Smell of marijuana
Seeming overly relaxed or spacey
Inappropriate behavior to officer
When combined with any traffic infraction or a routine checkstop, any of all of these symptoms can result in a marijuana DUI arrest.
How a Marijuana DUI is Different from an Alcohol DUI
Typically in an alcohol DUI, you will be asked by the police officer to perform a breath test to measure how much alcohol is in your system. But there is no breath test currently available in Georgia that can evaluate how much THC is in your system.
Most often, a blood (and definitely a urine) test will only reveal an inactive metabolite of marijuana in your system. Occasionally, a blood test will detect THC. In the first situation, some prosecutors will dismiss the DUI or offer a plea to a lesser offense. In the second situation, most prosecutors will proceed to trial.
In either event, you need an attorney who is familiar with the nomenclature used by the crime lab and their testing methods. If the prosecutor will not reduce the charge, you will need a pharmacologist to testify as an expert witness in your defense. Remember, even if it is your first offense, a conviction for DUI-drugs carries with it a six-month license suspension with no limited permit.
There is no difference in penalties. The States Attorneys Office will be looking for the same harsh penalties against you as if it were your first DUI Offense. No difference. That is why you will need a Marijuana DUI Georgia Lawyer who can guide you and defend you through the process. Contact us today if you or someone you know has been arrested on a Marijuana DUI in Georgia.