Understanding Marijuana DUI in Georgia
With all the efforts at legalization occurring in many jurisdictions across the U.S., folks might easily think that cases of marijuana DUI will be less serious than they were before. Georgia, however, does not permit the use of marijuana or being under its influence while driving a motor vehicle. A driver who has been accused of consuming marijuana before getting behind the wheel can still face DUI charges if they were not drinking any alcoholic beverages.
Marijuana DUI also involves several evidentiary issues since the presence of THC does not mean the driver (necessarily) consumed THC recently and that their driving abilities were impaired due to marijuana intoxication.
Understanding Georgia law prohibiting DUI of drugs
According to O.C.G.A. § 40-6-391(a)(2), no Georgian is allowed to drive or be in actual physical control of a moving vehicle while being under the influence of any drug to the extent that their ability to drive a vehicle safely is impaired. The DUI statutes in Georgia include certain provisions concerning the presence of marijuana and other controlled substances in a driver’s blood or urine.
If a prosecutor decides to pursue a case based on Georgia’s DUI law and the driver is impaired by marijuana, then the main point of the case will be the impact that the substance has on the driver rather than the fact that marijuana was used.
Circumstances surrounding a stop become important
A marijuana DUI investigation can include certain types of evidence such as the way the person is driving, their appearance, behavior, and statements they make during the traffic stop. Therefore, the circumstances of the stop become important when it comes to defending the case.
Testing for marijuana can pose issues
There are some evidentiary problems associated with a marijuana DUI investigation. While an officer can easily test a person for marijuana to find out whether there is any THC in their blood or urine, the result will not answer all questions related to their situation. Other types of evidence, thus, become very important in these cases.
The courts in Georgia have examined numerous DUI cases concerning marijuana where there was not only evidence of THC but also proof that the driver was impaired. Evidence such as erratic driving can be enough to conclude that the driver was impaired.
Therefore, evidence that shows that the driving skills of a driver were impaired by marijuana becomes very important.
What can be investigated during a DUI case?
A DUI charge based on marijuana does not automatically mean a conviction. There are many evidentiary issues that a defense attorney can investigate.
Issues such as the legality of the traffic stop, alternative explanations for marijuana use symptoms, the legality of the statements obtained, and the results of drug testing can become a major issue in a marijuana DUI case.
Marijuana DUI charges in Georgia
DUI convictions bring both criminal penalties and administrative penalties in the form of license suspensions or revocation. It is very important to understand that even though the laws of some other states treat marijuana differently, Georgia still prohibits the consumption of marijuana while driving.
Anyone charged with a DUI in Georgia should speak with a lawyer specializing in DUI as soon as possible.
Talk to a Cobb County, GA, DUI Attorney Today
Andrew L. Schwartz, P.C. represents the interests of those accused of DUI in Cobb County, GA. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.
