Wilmington Island DUI Drugs Attorney

Understanding Drugged Driving Charges in Georgia

When most people think about the term “DUI,” they think about drunk driving. However, in Georgia, DUI charges are not limited to alcohol. It is unlawful to operate a motor vehicle while under the influence of a controlled substance. Indeed, our state treats drug-related impaired driving with the same seriousness as alcohol-based DUI. However, the legal standards differ in some key ways. 

Under O.C.G.A. § 40-6-391(a)(2), a person commits DUI Drugs if they drive or are in actual physical control of a vehicle while “under the influence of any drug” to the extent that it renders them less safe to drive. The statute covers illegal drugs, prescription medications, and even over-the-counter substances if they impair driving ability. Unlike DUI Alcohol “per se” cases, there is no numerical threshold for drug impairment. The cases are more complicated. 

Note (Per Se DUI for Schedule I Controlled Substances): Georgia does recognize DUI Drugs – Per Se under O.C.G.A. § 40-6-391(a)(6). The statute makes it unlawful to drive with any amount of certain Schedule I controlled substances or marijuana metabolites in the blood or urine. In these cases, prosecutors do not need to prove actual impairment. Toxicology can be sufficient. 

Jarrett Maillet is a Top Drugged Driving Defense Lawyer in Georgia

In Georgia, drugged driving is a serious criminal offense. A driver arrested for operating a motor vehicle while under the influence of a controlled substance needs strong legal representation. Jarrett Maillet can help. Attorney Maillet has more than ten years of criminal defense experience. When you contact us, you will speak to a Wilmington Island DUI Drugs defense lawyer who can: 

• Conduct a comprehensive, confidential review and evaluation of your case; 
• Investigate your drugged driving charges, gathering evidence for your defense; 
• Represent you before law enforcement and prosecutors; and
• Craft a personalized strategy focused on helping you secure the best possible outcome. 

Drugged Driving in Wilmington Island: Frequently Asked Questions (FAQs)

Can I be charged with DUI in Georgia even if I took a prescription drug?

Yes, that can and does happen. Georgia law allows officers to charge you with DUI Drugs even when the substance is a legally prescribed medication. The question is whether the drug impaired your ability to drive safely, not whether you had permission to take it. Courts look closely at expert testimony, blood tests, and officer observations in these cases. 

How does Georgia prove that a driver was impaired by drugs?

It really depends on the case, though it is often more complicated for the state to prove impairment in drugged driving cases than in drunk driving cases. Prosecutors usually rely on blood tests, the testimony of a Drug Recognition Expert (DRE), and the officer’s observations. Georgia does not require a specific “per se” drug level, the way it does for alcohol. The state only has to show that your driving was less safe because of the substance. 

What are the penalties for a first-offense DUI Drugs conviction?

A first DUI Drugs conviction carries the same penalties as a standard alcohol-based DUI, including mandatory jail time, fines, probation, and completion of a DUI Risk Reduction Program. Georgia also suspends your license, and unlike alcohol DUIs, there is no limited driving permit available after a DUI Drugs conviction. Of course, you have the right to challenge a drugged driving charge. An experienced Wilmington Island DUI defense strategy can help you determine the best strategy. 

Contact Our Wilmington Island, GA Drugged Driving Defense Lawyer Today

At Jarrett Maillet J.D., P.C., our Wilmington Island DUI with drugs attorney has the experience you can trust when it matters most. If you or your loved one was arrested for drugged driving, we are more than ready to help. Contact us today to arrange your strictly private, no-commitment case evaluation at 912-713-3426. We defend drivers against drugged driving charges in Wilmington Island, Chatham Island, and throughout the region in Georgia.