A DUI charge is not always based on alcohol intoxication. Even legitimately prescribed medications affecting your ability to drive can result in DUI charges. When the substance is an illegal drug, the case becomes more complex, as there will be drug charges on top of Georgia DUI charges, particularly if you had the drugs inside the vehicle. In marijuana cases, possession charges will result in a suspended driver's license whether you are exhibiting any unsafe driving habits or not. If you are facing drug-related DUI charges, it is crucial that you contact a lawyer immediately. At the Law Offices of Richard S. Lawson, the legal team is prepared to fight aggressively to defend clients who are facing any drug & DUI offense.
Charged with DUI with drugs in Georgia? We can help!
We have been defending DUI cases for nearly twenty years; however, in the last couple of years we have seen an increase in the frequency of DUI drug arrests. We believe the increased percentage of DUI drug arrests has to do with a few factors. One factor is that as our population ages, more people are relying on medication to manage their health needs. Another factor is the great increase in the amount of people that are taking daily medications for conditions such as depression, insomnia, ADHD, anxiety and a host of other conditions. It's reasonable to assume that as our pool of medicated drivers grows, so would the susceptibility of these people getting arrested for DUI-drugs.
DUI is one of the most political crimes that people face nationwide. Although most first-time DUI cases are misdemeanors, few felonies have the same level of stigma and penalties that are associated with a DUI offense. Our court system is under a great deal of pressure from organizations such as Mothers Against Drunk Drivers (MADD) to ensure that DUI cases are enforced.
Recent trends have indicated that police officers are arresting more people for driving under the influence of legal or illegal drugs. Most people are aware that they can be arrested for driving under the influence of an illegal drug such as marijuana. However, many people are floored to find out that they can be convicted of DUI for driving under the influence of their prescribed medication. Our police officers have a great amount of discretion when assessing a person's impairment level from a drug. This is a troubling development in the law because most of these officers aren't actually trained in detecting impairment from a drug or substance. Even the field sobriety tests aren't designed to detect impairment by a legal or illegal drug.
Challenging the Prosecution in a Georgia DUI-Drug Case
Many times a police officer makes an assessment or conclusion based on their experience, and many times they are wrong. With a DUI drug case, no quantitative amount of any drug creates a known level of impairment. In fact, neither a crime lab witness or a toxicologist can state that a prescription drug found in the blood means the person is impaired. This is good news for the defense. Since DUI drug law is still in the infant stage, it's very difficult for the prosecutor to prove that a driver was impaired to the extent that they were "unsafe to drive." As your DUI defense team, we are extremely knowledgeable in DUI drug law, and we would be glad to sit down with you and discuss a defense strategy as it would pertain to your specific case. Call us today. We are available every day.