Cobb County DUI Drugs Defense Lawyer
We’ve all heard of driving under the influence (DUI) and understand it to mean driving under the influence of alcohol, also called driving while intoxicated, driving while ability impaired, or simply drunk driving. But how familiar are you with driving under the influence of drugs, aka DUID or DUI-drugs? Driving under the influence of drugs, including lawfully prescribed drugs and over-the-counter medications, can be illegal as well. A DUI-drugs arrest can be just as bad as a DUI for alcohol, and if the drug involved is a controlled substance, it can potentially be much worse. But how do the police during a traffic stop determine your driving was impaired by drugs? What are your rights, and how can you fight or beat the charges? Learn more below about this complicated area of the law, and call an experienced Cobb County DUI drugs defense lawyer at Andrew L. Schwartz, P.C., if you’ve been arrested for driving under the influence of drugs.
Defending Against DUI-Drugs Charges
Georgia drivers can be charged with DUI for having an alcohol concentration of .08% or more in their system. You can also be charged with DUI if you are impaired by alcohol to the extent that it makes you “less safe” to drive.
This “less safe” standard could also apply to someone who is driving under the influence of other substances besides alcohol, such as prescription drugs, over-the-counter medications, or other substances that are lawful to consume but could arguably make it less safe to drive.
When it comes to marijuana or controlled (illegal) substances, however, “any amount” of the substance in the body can be the grounds for a DUI-Drugs charge. The evidence for this substance use would likely come from a blood or urine test, but the officer must have cause to require a test in the first place. Officers might pull someone over based on suspicious driving activity and further express suspicion the person is under the influence of drugs due to bloodshot eyes, constricted or dilated pupils, uneven speech, the odor of drugs, or other factors.
It is also possible to be charged with DUI-Combination if you are believed to be driving under the influence of both alcohol and drugs, such as prescription medicine or over-the-counter medications. You could even be charged separately for DUI, DUI-Drugs, and DUI-Combination at the same time.
At Andrew L. Schwartz, P.C., we take a hard look at the prosecutor’s evidence and all the circumstances surrounding a traffic stop and arrest, including any testing performed. Where appropriate, we’ll challenge whether the initial stop was justified as well as whether there was probable cause to test. We’ll challenge the accuracy and reliability of any testing machinery used, as well as the officer’s subjective observations and field tests or failure to follow required procedures, including providing the implied consent notice and consequences of a test refusal. Our experienced DUI defense team will put forward all available defenses and work to get the best result in your case, whether that means getting the charges dismissed or reduced, negotiating a favorable plea, or fighting your case in court to avoid a conviction.
Penalties for DUI-Drugs in Georgia
The penalties for a conviction of DUI-Drugs in Georgia are the same as a drunk driving conviction. They can include a minimum of ten days and up to a year in jail, between $300 and $1,000 in fines, and a one-year suspension of your driver’s license. These are the penalties for a first-offense DUI; penalties for a subsequent offense in a ten-year period increase significantly.
A second offense DUI-Drugs conviction results in a one-year hard suspension of your driver’s license, meaning it is not possible to apply for a limited driving permit to get to work, school, doctor’s appointments, etc. One exception would be a limited permit to drive to a drug treatment program ordered through a program like the Cobb County Drug Treatment Court.
Contact Andrew L. Schwartz, P.C., Today
If you’ve been charged with drunk or drugged driving in Georgia, you need strong and effective legal representation to avoid the severe consequences a conviction could have on your life and livelihood. The robust drunk and drugged driving defense practice at Andrew L. Schwartz, P.C. offers the advice and representation you need to get the best result out of your circumstances. Call our experienced Cobb County DUI Drugs defense lawyer today for a free consultation.
URGENT: Have you been arrested for DUI in Atlanta? You only have 30 calendar days to request a hearing with the Georgia Department of Driver Services (DDS) for a chance at keeping your driver’s license from being suspended. The Georgia criminal justice system and the DDS advise that you attend this hearing with your DUI defense lawyer. The information gathered at this hearing can be of great value in planning your defense in the DUI charges pressed against you. Call now for help.