Oconee County Georgia DUI criminal law attorneys
Whereas a drunk driving offense involving drugs may be prosecuted by the State although where the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These charges involve illegal substances such as marijuana, cocaine, heroine, etc. in the persons blood system. The DUI offense is based upon driving while having an unlawful substance in your blood system. Even though this issue is currently on appeal, the prosecution is not presently required to demonstrate impairment due to the illegal contraband drugs in your system. Mere evidence of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the prosecutor should establish that the person was rendered incapable of driving safely as a result of using the marijuana.
Beyond the misdemeanor DUI contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other illegal drugs are found in a automobile or someones pocket. A “possession” crime may be committed by a person driving a vehicle, or by a person not operating a automobile. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when arrested. This law has been upheld by the GeorgiaSupreme Court after an appeal on challenges to its validity.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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