You can be charged with driving under the influence of drugs in Georgia for using illegal drugs or if you were groggy from an over the counter or prescription medication. The punishment for a DUI with drugs of any form in your system is more severe than alcohol-related offenses. If you were arrested for driving under the influence of drugs, you need an experienced DUI attorney who will help you avoid a license suspension, fines and jail time. Convictions for DUI drugs arrests also bring a hard suspension of your driver’s license with no work permit, so it is critical to aggressively fight for your rights.
What Evidence is Required to be Found Guilty of a DUI Drugs Crime in Georgia?
To be convicted of DUI drugs, the prosecution must prove that:
- You were driving under the influence of drugs.
- The drugs caused your driving to be “less safe.”
When you are charged for a DUI involving drugs, there is no minimum limit to how much of the substance must be in your system to be convicted. The presence of any illegal drug in your blood or urine is enough to be found guilty in DUI “per se” cases. Illegal drugs frequently connected to DUI drug arrests include:
Additional drug possession charges are possible if the police find illegal substances in any vehicle searched by consent of the driver or vehicular searches connected to a lawful arrest, probable cause or a search warrant.
Though you may have had drugs in your system, your driving must have been reckless or dangerous enough to justify the police stop in the first place. Our trained criminal defense attorneys will examine the police reports in search of any error or mistake that can result in evidence being suppressed or your charges being dropped.
How to Fight a DUI Drugs Arrest Involving Prescription Drugs
Skilled criminal defense attorneys like those at Banks, Stubbs and McFarland understand the scientific literature that establishes the quantities and varieties of medication that are necessary to treat common ailments. Our lawyers recognize that certain medical conditions can resemble impairment from a drug and can be incorrectly identified as drug use by untrained or inexperienced police officers. Prescription and over the counter medications frequently associated with driving under the influence of drugs cases include: antihistamines, stimulants, tranquilizers, pain relievers, sleep aids, sedatives, tranquilizers, muscle relaxants and cough suppressants. The names of these drugs include:
In prescription drug cases, the prosecution must prove the heightened burden of “incapable of driving safely.” Many of the legal medications listed above cause side effects such as grogginess, drowsiness, dizziness, confusion and loss of coordination. Taking more than one of these medications can increase both your symptoms and impairment. Thus, if a police officer pulls you over when you are experiencing these side effects you could face a DUI charge. Our legal team will work tirelessly to uncover the weak areas in the State of Georgia’s claim against you in order to get your DUI drug charges dismissed or reduced. We are available to clients located throughout North Georgia with offices in Cumming and Buford.
The attorneys at Banks, Stubbs, and McFarland have expert training in DUI law and will vigorously challenge DUI drugs charges and fight for your rights. Call 770-887-1209 now or use the contact form below to schedule a free review of your case with some of the most experienced criminal defense lawyers in GA.