Georgia Drug DUI Lawyer - Driving Under The Influence of Drugs in Georgia

Have you been arrested for driving under the influence of drugs?  You will need a Georgia Drug DUI Lawyer.

Your future ability to drive a car or truck in Georgia is dependent on retaining a Walton County DUI defense lawyer who understands the complexities of drug testing, what drug testing actually reveals, and most importantly, what drug testing cannot prove.

Michael Fulcher Law offers you experienced and skilled Georgia drug DUI defense lawyer provided by a former prosecutor who knows all the players—the police, the prosecutors, and the judges. This is your life and your future. Call or email now for a free consultation with Michael Fulcher Law.

Georgia Drug DUI Lawyer

What Does the Georgia Law Say About DUI Drugs?

Driving under the Influence of drugs in Georgia covers driving while impaired by alcohol and by drugs, whether legal or illegal. Although Georgia DUI statutes have specific blood alcohol levels that provide evidence of intoxication—0.02 for young drivers under the age of 21; 0.08 for drivers over 21; and 0.04 for commercial truck drivers—there are no such specifics for drugs found through blood and urine tests. Let’s take a look at the Georgia statute and how a conviction for DUI drugs is much harder for prosecutors when the driver is represented by an experienced and skilled Georgia Drug DUI Lawyer.

Georgia’s DUI Statute, O.C.G.A. sec. 40-6-391 covers driving under the influence of alcohol and drugs. What constitutes DUI drugs is not based on measurable specifics, as is alcohol. Instead, the statute speaks of whether the driving is less safe due to the use of drugs.

  • A person shall not drive while under the influence of any drug to the extent that it is less safe for the person to drive.
  • A person shall not drive under the influence of a combination of substances (i.e., drugs and alcohol) to the extent that it is less safe for the person to drive.
  • A person cannot be under the influence of prescription drugs, even if a drug or drugs are prescribed legally. However, in order to uphold a conviction, the State must prove that such legally prescribed medication rendered the individual incapable of driving safely.

What Does a Blood or Urine Test Reveal?

The biggest hurdle the prosecution has to jump is the imperfection of blood and urine tests. These tests, which are administered at the police station or hospital, either by consent or under the authority of a warrant, merely measure whether there were any drugs in the driver’s system.

The tests can identify the presence of drugs and name them. However, they do not measure the current amount of drugs and whether the drugs were still active and capable of causing intoxication. A joint smoked last week, or a pill taken last night, will show up in the blood and urine tests, but whether their psychoactive ingredients were still operating is not revealed by these tests.

Police Must Rely on Subjective Observations and Imperfect Testing to Prove DUI Drugs

Police officers must, therefore, rely on observations and so called, indicators of impairment, to determine whether the driver was operating a vehicle in a less safe manner. This is inherently subjective and vulnerable to multiple defense strategies.

At the time of a vehicle stop, the police officer first relies on observations of how the car or truck was being driven. Did the driver do any of the following?

  • Engage in unpredictable acceleration or braking
  • Swerve across any traffic lanes or driving down the white line
  • Engage in unsafe maneuvers, like lane changing without signaling or without any visible reason
  • Appear distracted, unaware of other cars and trucks
  • Drive much slower than surrounding traffic

These observations are the reasons commonly given by police for stopping a vehicle suspected of DUI Drugs.

Once stopped, you are only under an obligation to produce your license, vehicle registration, and proof of insurance. Although you need to obey the directions of the police, you are entitled to remain silent and not to answer any further questions. You might be asked to perform a variety of field sobriety tests. 

You can refuse to take these tests, although that refusal will likely result in your immediate arrest. A field sobriety evaluation is voluntary. To refuse the field sobriety test is not considered a DUI refusal.

There are several types of field sobriety evaluations: a Horizontal Gaze Nystagmus (HGN) Test, a Walk and Turn, and the One-Leg Stand test. In addition, officers might ask you to recite the alphabet, stand with your feet close together while tipping your head skyward, count the number of fingers the officer has raised, close your eyes and touch a finger to your nose, or count backwards. These tests are quite subjective. Different officers interpret a driver’s performance differently.

For example, the Horizontal Gaze Nystagmus Test (HGN) measures involuntary eye movements which become jerky when a person has consumed alcohol or central nervous system depressants, which include opioids, sedatives, and other “downers.”

To administer the HGN Test, the police officer must perform a medical evaluation to screen for medical disorders that might also cause these jerky eye movements. To screen, the police must ask very specific questions about your health and medical history. Again, you are under no legal obligation to cooperate. Refusing to answer these questions is not considered DUI Refusal, meaning that you will not automatically lose your driving privileges, but you might be immediately arrested and taken to the station.

This subjectivity undermines the accuracy of the test. Any number of factors can contribute to failing a field sobriety evaluation: an uneven pavement, the time of day, weather conditions, your health, poor vision or hearing, and poor balance. There are no legal consequences attaching to a refusal to perform field sobriety evaluations. However, the results of any field sobriety tests will be noted in the police report and can be used to justify arrest.

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When you need a lawyer after being charged with a DUI or criminal offense or as you explore your options for filing a personal injury claim, look no further than Michael Fulcher Law’s impressive background, and ultra-attentive client service. To learn more about how we can help you achieve the best legal solution possible for your circumstances, call our criminal defense law firm at (706) 438-1555 or contact us online, and schedule your free consultation today.

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What Do You Defend Against a Charge of Drugs DUI?

To be convicted of DUI drugs, the prosecution must prove all the elements of the crime beyond a reasonable doubt. It is the role of defense lawyers to question the version of the story told by arresting officers and the prosecutor. A skilled and competent Georgia Drug DUI Lawyer will examine the evidence: your driving under the Influence of drugs in Georgia report, the results of any field sobriety, breathalyzer, Intoxilyzer 9000, and blood and urine tests, witness statements, and if there was an accident, the reports on what occurred. Such examination will reveal any weaknesses in the prosecutor’s case against you. Each case is different, depending on the facts and how the evidence was gathered.

Unlike DUI alcohol, DUI for drugs does not require a specific level of drugs in the blood or urine to determine legal impairment. Instead, impairment for DUI drugs relies upon a combination of police officer observation and identifying the drugs in your system through a blood or urine test.

Police can pull over a driver for a variety of driving offenses and vehicle maintenance violations. Once stopped, police can determine intoxication based on how you act and how you respond to the police officer’s requests roadside. In addition to any erratic driving, police will evaluate your ability to drive on several factors:

  • Bloodshot eyes
  • Dilated or constricted pupils
  • Slurred or slowed speech
  • Confused responses to questions
  • Any admission of drug or alcohol use
  • Evidence of drugs in your vehicle, including the odor of marijuana

Once arrested, police can order a blood and urine tests to identify the specific drugs that might be in your system as well as blood alcohol levels. In some jurisdictions, blood tests are performed at a local hospital.  If you refuse these tests, you will automatically lose your driver’s license, unless you file for an ALS Hearing within 30 days of your arrest. If you refuse these tests at the station, the police may seek a warrant from the court to force you into providing either blood or urine samples.

Having a valid prescription for any drugs taken is not a defense to a DUI drug charge if the impact of the prescription drug is to make your driving less safe. And the combination of alcohol and drugs, whether over-the-counter, prescription, or illegal, can surely make driving less safe. Georgia prohibits driving while under the influence of two or more substances, not just alcohol, and not just drugs.

Contact a skilled Georgia DUI Drugs defense attorney

If you have been charged driving under the Influence of drugs in Georgia, including Walton County, contact Michael Fulcher Law for a free consultation and case assessment. With over 17 years of experience as a prosecutor, public defender and private DUI defense attorney, Michael knows criminal law and all the players in Morgan County and the surrounding areas. If you wait until your court date, you may have already forfeited some of your important rights and driving privileges in the State of Georgia. Don’t wait, call (706) 438-1555 or contact us online today to schedule a free consultation.

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“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”

— TOM

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