The Consequences of a Georgia Drug Possession Arrest for Someone Already Charged or Convicted of DUI

The State of Georgia takes DUI and drug possession charges very seriously. It can be even worse when those two charges overlap. In other words, if you’re charged with a prior DUI and later arrested for drug possession, the consequences can multiply quickly. Georgia law treats both offenses quite harshly, and the combination can trigger enhanced penalties, probation violations, and long-term damage to your criminal record.

Two different systems with one serious problem

While DUI and drug possession charges are prosecuted under different laws, both rules fall under Georgia’s criminal code and can impact the same individual simultaneously. In Georgia, a DUI falls under O.C.G.A. § 40-6-391. Drug possession, on the other hand, is governed by Georgia’s Controlled Substances Act (O.C.G.A. § 16-13-30).

When an individual who already has a DUI is caught with drugs in their possession (or charged with DUI and drug possession in the same incident), the court views this as a pattern of risky behavior. That perception can lead to harsher sentencing, fewer plea options, and stricter probation terms.

Probation violations and repeat offender risks

For those already on probation for DUI, if you’re arrested again, even for simple possession of marijuana or a prescription drug without proof of prescription, you can expect a probation revocation hearing. Georgia judges have broad authority to impose the remainder of your suspended sentence. This means jail or prison time for what might otherwise be a first-time possession case.

In addition, Georgia law can also impose enhanced penalties for repeat DUI offenders. A second DUI within the 10-year lookback period can result in longer jail sentences, higher fines, and mandatory substance abuse treatment. In addition, you can face a multi-year license suspension. When drug charges are added, prosecutors might argue that you have not “learned your lesson.” This can push the court to penalize you with a tougher sentence.

Beyond jail time: Collateral consequences 

If you’re charged with drug possession on top of a DUI, it can create a criminal record combination that follows you for the rest of your life. This can impact you on job applications, housing opportunities, college admissions, and professional licensing. Employers might overlook a solitary DUI, but multiple DUIs can indicate a pattern of behavior involving substances.

In addition to the aforementioned problems, certain drug convictions can make you ineligible for student loans. In other cases, they can result in license suspensions even if you weren’t operating a vehicle when you were caught. For those who drive for a living, the result could be career-ending.

Talk to a Marietta, GA, DUI and Drug Charge Attorney Today 

Andrew L. Schwartz, P.C., represents the interests of Georgia residents who have been charged with drug possession or DUI. Call our Cobb County DUI defense lawyer today to schedule an appointment, and we can begin preparing your defense right away.