Atlanta, Ga. - According to reports in the South Metro Atlanta Area, a woman nodded off while driving and wrecked into a parked car on the shoulder of Interstate 85.
The wreck resulted in the three passengers in the car being seriously injured. Deputies discovered several bags of narcotics in the vehicle as well as syringes. Investigators are still investigating the incident and have not released what the charges will be.
However, as an Atlanta DUI Lawyer, I will focus on one of the potential charges - DUI Drugs.
DUI Drugs in Georgia is known by Georgia Law as:
“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.” O.C.G.A. §40-6-391.
The investigating officer will be looking for anything that might be a clue to driving under the influence. There is no quantitative legal limit for being under the influence of drugs or impaired by drugs. Instead, officers will consider all of the factors surrounding both the investigation and the arrest including but not limited to: manner of driving, sobriety test results, behaviors, conversational skills, etc.
In order to be convicted of DUI Drugs, the state of Georgia must prove whether or not someone is driving under the influence of a drug or drugs to the extent that he or she is a less safe driver. Since there is no quantitative legal limit for drug consumption, the arresting officers' observations are the determining factors.
The penalties for a first-time conviction for DUI-Drugs in Georgia can include a minimum of 24 hours in jail, a fine of at least $300, 12 months on probation, 40 hours of community experience, DUI School completion, and clinical drug and alcohol evaluation.
Most people think of driving under the influence as being under the influence of alcohol. However, Georgia DUI Law is much more expansive than that. If you have been arrested for DUI in Atlanta, call our offices now. We can help you with your case.