DUI Marijuana Charges in Georgia D.U.I. Drugs Cases

Can you get a DUI for using weed? Most marijuana users are aware that possession of more than an ounce of marijuana is a felony. Marijuana is a Schedule I controlled substance under DUI laws in the Peach State.

So, can you get a DUI from weed? And, yes, in Georgia, authorities can charge a driver with “drugged driving” if the driver has actual physical control of a motor vehicle while under the influence of marijuana.

1. Under Georgia law, driving under the influence of marijuana DUI charges is criminalized in OCGA Section 40-6-391 of the Georgia Code. Specifically:

Section 40-6-391(a) states that a person shall not drive or be in actual physical control of any moving vehicle while:

“Under the influence of any drug to the extent that it is less safe for the person to drive.” (see subsection 2)

2. Next, under another subsection, subject to the provisions of subsection (b), if there is any amount of marijuana or a controlled substance present in the person's blood or urine, or both, including metabolites and derivatives, regardless of whether alcohol is present (see subsection 6)
3. This means Georgia has a zero tolerance "per se" drugged driving law for cannabis and its metabolites. A person can be found guilty of DUI marijuana in two ways: If they are under the influence of marijuana to the extent it makes them a less safe driver; or
4. If any amount of marijuana or its metabolites are detected within that driver's blood or urine, regardless of actual impairment.

Can you get a DUI for smoking weed? It's important to note that the presence of marijuana metabolites can be detected for weeks after use, so a person could potentially be convicted even if they are no longer under the influence. The law applies equally to legal and illegal drug use, though there is an affirmative defense if the person was using a legally prescribed drug and was not rendered incapable of driving safely as a result.

How Long After Using Marijuana Can It Be Detected?

Marijuana can create a positive blood test for up to a month after you smoke or ingest it, so a blood test could be “positive,” and you could be incorrectly charged. However, if a blood sample is collected more than 24 hours after the last ingestion, the non-psychoactive type of marijuana will generally be all that is detectable.

This is the “per se” DUI marijuana law in Georgia, which states that you cannot have any amount of the psychoactive type of marijuana in your system when driving. When a potential client calls and reports, "I got a DUI for weed," our DUI lawyers near me have a substantially different set of questions on a GA DUI marijuana case, as compared to a DUI-alcohol arrest.

While well over 90% of all Georgia DUI arrests are for driving under the influence of alcohol-related crimes, DUI drugs Georgia is steadily climbing to higher numbers each year. A smaller number of DUI prescription drugs arrests are made than DUI for driving high on weed.

Can an attorney secure a non-DUI plea bargain marijuana resolution for me? Possibly so. Every set of facts is different, but if no accident occurred, no underage passengers within your vehicle, or other aggravating factors in your case. Our three partners write the LEADING DUI LAW BOOK in Georgia, so why look further?

When it comes to seeking a marijuana DUI lawyer, almost 100% of these clients are facing a DUI drugs first offense case, which is the most likely to have a good outcome.

Arrested for DUI Drugs & Asked to Submit to Georgia Implied Consent Law Testing

A DUI weed charge is usually proven by that driver's marijuana blood test. DUI cases in Georgia are often made by law enforcement through "circumstantial" evidence. For quite a substantial number of post-arrest law enforcement officers' requests for a blood test for weed DUI are answered with a "refusal to be tested."

In Georgia, a DUI weed test is really a DUI drugs blood test and this can detect ANY and all drugs within that person's system. Some could be legally prescribed, but other drugs (e.g., crystal methamphetamine) might be detected and lead to a DUI drugs prosecution for that contraband substance.

This then presents another question: "Can you get a D.U.I. for prescription drugs, even if no marijuana is found in your system?" That answer is "maybe," depending on what your drug tests reveal.

What kinds of drugs can potentially result in a driver being charged with a DUI in GA? Any type of substance, vapor, liquid, aerosol that impairs a driver's cognitive abilities will suffice. This even includes over-the-counter medications like Benadryl, or "stay awake" caffeine pills that can make a person very jittery.

CAUTION: You Likely Face an Immediate License Suspension if you Refused Testing after Arrest

Having a Georgia driver’s license is a contract, and all Georgia drivers have "agreed" to submit to chemical testing if lawfully requested by a law enforcement officer who has made an arrest for driving under the influence. This is part of our Georgia implied consent laws, as found in OCGA 40-5-55, OCGA 40-5-67.1, OCGA 40-5-67.2 and OCGA 40-6-392.

Refusing the post-arrest testing means your license (and all driving privileges) is automatically suspended for 12 months. These "refusal" drivers do have a right of appealing this CIVIL law sanction, which is separate from your criminal prosecution.

But, these drivers only have 30 days after the date of arrest to save their right to drive by requesting the Georgia Department of Driver Services to grant an administrative review hearing OR (if eligible) installing a 12-month IID (ignition interlock device).

Without question, this DECISION needs to be guided by a top-rated GA DUI attorney, so call for a FREE consultation at 404-567-5515.

Short Answers to Five Common DUI Drugs Questions

1. How to fight DUI charge for prescription drugs? By hiring an experienced criminal law professional with top expertise in showing that the field sobriety tests for drugs are bogus. If the arresting officer is not a fully qualified DRE (drug recognition expert), many of these arrests are difficult for a prosecute.
2. Do they test for marijuana during DUI probation? Absolutely, and for alcohol, too.
3. Does going to drug court for DUI mean the DUI won't be on my record? No it does not, since the State of Georgia has NEVER allowed expunction or record restriction for an DUI conviction.
4. Where to read the full Georgia DUI statute, Section 40-6-391 of the Georgia Code? Just on the foregoing link to go to the full text.
5. Is a DUI drug court urine test a reliable DUI test for weed, or does the result have to be confirmed by a more accurate testing method? For any positive reading, the probationer should ask for a confirmatory test, but most courts do that automatically, since the type of urine testing done is not scientifically "specific" enough.

Contacting Legal Representation ASAP: It is a FREE Legal Consultation, so CALL NOW!

If you have been arrested for driving under the influence of marijuana or any other drug or alcohol, call a Georgia marijuana DUI lawyer with our firm today for a free consultation. We are ready to get to work for you and (at the very least) obtain a limited driving permit for you, to keep you from being suspended for 12 full months.

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