We Defend DUI Drug Charges in Hinesville
At Jarrett Maillet J.D., P.C., our Hinesville DUI drugs defense lawyer is an aggressive, experienced advocate for clients. We are professional, honest, trustworthy, and devoted to protecting the rights of our clients. An arrest is an allegation. You have the right to raise a zealous defense. If you were arrested for a DUI involving drugs, we can help. Contact our Hinesville DUI Drugs defense lawyer today for a confidential, no obligation case evaluation.
An Overview of DUI Drug Charges in Georgia
Georgia law criminalizes operating a motor vehicle while impaired by drugs under O.C.G.A. § 40-6-391(a)(2). Under the statute, a motorist commits DUI if they drive or maintain actual physical control of a moving vehicle while “under the influence of any drug to the extent that it is less safe for the person to drive.” The law applies to illegal narcotics, prescription medications, and even over-the-counter drugs. Prosecutors are not required to prove a specific concentration level. Instead, the State must establish impairment sufficient to make the driver less safe.
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Know the Penalties for DUI Drug Offenses
The penalties for a DUI drug charge in Hinesville can vary widely based on the underlying circumstances. With that being said, a first conviction for DUI involving drugs is generally prosecuted as a misdemeanor offense with mandatory minimum sentencing components. Courts may impose a jail sentence ranging from 10 days to 12 months. Notably, most first-offense cases require at least 24 hours in custody. The court may also impose fines between $300 and $1,000, plus statutory surcharges. Additional penalties typically include 12 months of probation, completion of a DUI Alcohol or Drug Use Risk Reduction Program, and at least 40 hours of community service. A license suspension is likely. The penalties are more severe for subsequent offenses and/or if a crash happens.
Why Trust Hinesville DUI Drugs Defense Lawyer Jarrett Maillet
DUI drug charges can be especially complex. As a conviction carries serious penalties, it is imperative that defendants have reliable legal representation. Jarrett Maillet is a Georgia criminal defense lawyer with the experience to handle the full range of DUI cases. We are proactive. Among other things, our Hinesville DUI Drugs defense attorney is ready to:
- Conduct a comprehensive review of your case;
- Investigate the DUI drug charges, gathering relevant evidence;
- Represent you before the police and prosecutors; and
- Take whatever legal action is needed to build the strongest possible defense.
DUI Drug Charges: Frequently Asked Questions (FAQs)
What does it mean to be charged with DUI drugs in Hinesville, Georgia?
A DUI drugs charge in Georgia means the State alleges that a driver operated or had actual physical control of a vehicle while impaired by drugs. The charge is brought under O.C.G.A. § 40-6-391(a)(2). The law applies to illegal narcotics, prescription medications, and even some over-the-counter drugs. If you are “impaired,” you could face such a criminal charge.
Can I be charged with DUI drugs if I have a valid prescription?
Yes. One of the key things to know is that a prescription is not an automatic defense. Indeed, a valid prescription does not always prevent a DUI charge. The reason is that Georgia law focuses on whether the substance impaired your ability to drive safely. If police believe the medication affected your driving to the point that you were less safe, prosecutors may pursue charges.
How do prosecutors prove DUI drugs in Georgia without a BAC number?
That can be a complicated matter. Unlike alcohol-related DUI charges, DUI drugs cases do not rely on a statutory concentration threshold. Instead, prosecutors must establish impairment through circumstantial and scientific evidence. The evidence can include officer observations, standardized field sobriety test performance, toxicology reports, and testimony from trained drug recognition experts. A Hinesville, GA DUI defense lawyer can help you challenge the evidence. Remember, you are presumed innocent until proven guilty beyond a reasonable doubt.
Contact Our Hinesville, GA DUI Defense Lawyer Today
At Jarrett Maillet J.D., P.C., our Hinesville DUI defense lawyer has the knowledge and experience that you can trust. If you or your loved one was arrested for drugged driving, we can help. Contact us today to set up a completely confidential, no obligation initial consultation. It is our mission to ensure that your most basic Constitutional rights are protected. We defend DUI drug charges in Hinesville, Liberty County, and throughout the region in Georgia.
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What A Criminal Defense Attorney Will Do For You
A lawyer may be contacted directly or a court may appoint a private lawyer.
The lawyer will gather as many details about the case to learn about possible defenses, strengths, and weaknesses.
The lawyer will typically question the police, speak with witnesses, and gather information used to build a strong defense.
The lawyer must study the facts and theories of the case carefully.
A lawyer will communicate often with their client, ensuring confidentiality, to provide information about the case so that they understand the possible consequences.
A lawyer is involved in the jury selection process. This means he or she may have jurors removed if they believe they may be biased against the defendant.
A lawyer is responsible for negotiating with the prosecutor regarding any plea bargain. He or she may be able to secure a favorable deal for the defendant, which results in a reduction of charges.
A lawyer examines witnesses, cross-examines the state’s witnesses, and tries to convince the jury that the prosecution failed to find the burden of proof.
If the criminal defendant is sentenced for the crime, a criminal defense lawyer can still represent the defendant during the sentencing phase. He or she may try to convince the judge or jury to limit the amount of time that the defendant serves and discuss alternatives to incarceration.