What is DUI: Drugs?
If a driver is under the influence of drugs that impair their ability to drive safely, they could be charged with driving under the influence of drugs. The majority of the time, a charge of DUI Drugs is considered a misdemeanor.
When most people hear the term “DUI,” or driving under the influence, they immediately think of alcohol. However, a person can also be found guilty of DUI for driving under the influence of narcotics. It does not matter whether the pharmaceuticals in question were available legally, illegally, or over the counter. It is against the law if they impede a person’s ability to drive.
When someone is under the influence of any substance to the extent that it makes it less safe for them to drive, they should not operate a moving vehicle or drive while under the effect of that drug. When circumstances like these arise, it may be possible to press DUI charges against the driver.
What is DUI Drugs Less Safe?
A person can be prosecuted with “DUI drugs less safe” if they are under the influence of one or more of the following substances to the extent that it is unsafe for them to operate a motor vehicle:
- Toxic Vapor
- Controlled Substances (Opioids, Stimulants, Depressants, Hallucinogens, and Anabolic Steroids)
To file a charge of driving under the influence of drugs, it is not necessary to prove that the driver had a particular amount of drugs in their system. It is possible that the driver will be charged with driving under the influence if there is sufficient evidence of impairment, such as slurred speech, dilated pupils, erratic driving, or proof of narcotics in the car.
What is DUI Drugs Per Se
It is possible for a motorist to be charged with “DUI: drugs per se” in the event that they submit to a chemical test and it is discovered that they have drugs in their system. According to the per se law, it is illegal for anyone to operate a motor vehicle if they have any amount of marijuana or a restricted narcotic in their blood or urine. They can only be found guilty if it is determined that they are unable to operate a vehicle in a safe manner.
The use of DUI drugs per se charges has been limited as a result of several court decisions. It can now only be used in circumstances when a chemical test reveals the presence of illegal substances that have no lawful use. This includes heroin and cocaine, among other illicit substances. Otherwise, a charge of driving under the influence of drugs or alcohol is more likely to be brought against an impaired person.
It is logical to suppose that prescription medications would not be listed as illegal substances. In spite of this, a person might be found guilty of driving under the influence of drugs even if they are lawfully using a medication that was given to them by their physician.
If the motorist is unable to operate their vehicle safely as a result of the prescription medication, they may be prosecuted for driving under the influence of drugs.
For instance, the packaging of certain prescription medications will make it abundantly clear that users must refrain from driving while taking the medication. Drivers have a responsibility to ensure that they are not putting themselves or anybody else in danger by failing to adhere to these rules.
What Are the Penalties for DUI Drugs in Georgia?
Driving under the influence charges are often classified as misdemeanors, which are considered to have less severe penalties than felonies. In the state of Georgia, the maximum penalty for a misdemeanor is one year in jail and a fine of $1,000.
If someone received their first DUI or drugs conviction in the past ten years, they would also be subject to the following penalties:
- Twelve months of probation
- Forty hours of community service
- A clinical drug and alcohol evaluation
- DUI School (Risk Reduction Courses)
- Possible driver’s license suspension for six months
If a driver is charged with driving under the influence of drugs for the second time within a decade, they could face the following penalties:
- Seventy-two hours of jail time
- Twelve months of probation
- A $600 fine
- DUI classes
- Clinical drug and alcohol evaluation
- Thirty days of community service
- Hard suspension of their driver’s license
Contact The Brown Firm if You Were Hit by an Impaired Driver
If you were involved in an accident that was caused by an impaired driver, you should contact an experienced personal injury attorney for legal help.
Car accidents can be difficult to handle alone, and if the cause of the accident was an impaired driver, you need help filing a lawsuit and obtaining the compensation that you deserve.
Our personal injury lawyers have years of experience representing victims of impaired drivers. Contact The Brown Firm as soon as possible to schedule a free consultation.
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