Atlanta Drug DUI Lawyer | Laws, Penalties and Defenses

Driving under the influence (DUI) of drugs is a serious offense with lasting consequences, as the charges remain on your record indefinitely. To be charged with a drug DUI, you must also be in actual physical control of a moving vehicle. This could mean you are sitting behind the wheel with the keys in the ignition, but are not actually driving.

If you have been caught up in the system, an Atlanta drug DUI lawyer from our firm is ready to intercede on your behalf. Contact our seasoned DUI attorneys to discuss your legal options.

Nuances in Georgia’s Drug DUI Laws

Although medical and recreational marijuana is legal in some states, Georgia is not one of them. It remains a controlled substance, according to the Georgia Controlled Substances Act.

The state also considers glue sniffing, and any toxic vapor, including those discharged in aerosol form, capable of intoxicating a driver. If you are under the influence of a combination of drugs, vapors, and alcohol while in control of a motor vehicle in Atlanta, you will also be charged with DUI. Georgia has a zero-tolerance policy; no amount of drugs—even traces—are permissible.

Defenses to DUI in Georgia

You are entitled to a defense, presented in a court of law to a jury of your peers. The legal professionals at our firm will negotiate with prosecutors to reduce or dismiss your charges, but we consider it a privilege to defend you at trial if that is the way to get the best outcome.

Georgia has carved out an exception that continues to be murky for those charged with having a controlled substance in their system. If you have a prescription for a controlled substance and are using it legally, we can present it as a defense to DUI charges. However, if you are impaired, the prosecutor may argue you abused the substance.

By choosing to drive in Georgia, you give implied consent to be tested for drugs and alcohol, including testing of your breath, blood, urine, and other body fluids, but these tests are often flawed. When you refuse, your driver’s license will be suspended, but you have the right to request a hearing within 10 business days.

Police are also known for failing to read you your rights or for conducting illegal searches of your vehicle. If you are jailed for a drug DUI in Atlanta, call the dedicated legal advocates at our firm today.

Penalties for Drug DUIs in Atlanta

Even a first offense comes with mandatory incarceration of 24 hours and can amount to:

12 months of probation
10 days to one year in jail
40 hours of community service
Fines between $300 and $1,000, along with other fees and assessments

The penalties mount as the amount of DUIs increases. The fourth and subsequent offenses are felonies with prison time of one to five years and fines from $1,000 to $5,000, along with other penalties.

An Atlanta Drug DUI Attorney is Dedicated to Your Interests

Our attorneys dedicate ourselves to helping people snared by the criminal justice system for DUIs. The laws are purposely vague and expansive, and police officers make mistakes. Many people decide it is easier to pay the fines and fees rather than fight these charges, but you want to minimize the consequences, as only a DUI attorney can do.

We will explore all options to lessen the impact a drug DUI has on your life. You deserve your side of the story to be told, and we are passionate about telling it. Some people make mistakes, and some are victims of the system. An Atlanta drug DUI lawyer ascertains the facts and works hard to get you the best outcome for your situation. Call to schedule a consultation today.