In this article, you can discover…
- The differences between alcohol DUI and drug DUI charges in Georgia.
- How Georgia law enforcement tests for drug impairment in DUI cases.
- Possible defenses available if you are charged with a drug DUI.
What Is The Legal Difference Between Alcohol DUI And Drug DUI In Georgia?
As far as court-imposed punishments, the consequences (such as jail time or fines) are generally treated the same, whether your DUI arrest involves alcohol or drugs. However, the Department of Driver Services typically suspends a driver’s license for six months for a drug DUI conviction, while a first-time alcohol DUI will typically see your license suspended for 12 months.
For an alcohol DUI, you may apply for the reinstatement of your license after 120 days if you complete a Division of Driver Services-approved DUI Alcohol Use Risk Reduction Program and pay a reinstatement fee.
During those 120 days, you may be eligible for a limited driving permit. Your limited driving permit allows you to drive for specific purposes, such as driving to work, to doctor’s appointments, or to pick up prescription medications. This permit would also allow you to drive for legal obligations or to complete the conditions of your DUI sentence, such as community service.
However, no such permit is available if you are convicted of a drug DUI, making a full six-month suspension of your license possible. For this reason, getting an experienced, reputable attorney to defend against DUI drug charges is especially important.
How Does Georgia Test For Drug Impairment In DUI Cases?
The main test that officers conduct to determine drug impairment is known as the Romberg Test. This requires you to stand up straight with your feet together and your hands at your sides. You must then raise your head upward to the sky with your eyes closed for a 30-second count. You’ll do this 30-second count yourself, in your head, while an officer starts a timer.
The officer will be looking to see if you sway back and forth or have eye tremors while your eyes are closed. They’ll also take into account if you end the 30-second count far too early or too late. Be aware, however, that you have the right to refuse the Romberg Test and any other field sobriety tests an officer may ask you to perform.
Officers may also make efforts to take a blood sample from you and send this sample to the Georgia Bureau of Investigation for testing.
Attorney Lubin An is an experienced, diligent criminal defense attorney serving Georgia. For over 15 years, he’s helped clients just like you navigate drug and alcohol DUI charges with care, helping them fight for their rights and retain their driving privileges.
Have questions, or in need of legal guidance? Reach out to Lubin An Law, LLC. for an initial consultation today.
Can I Refuse A Drug Test Following A DUI Stop?
Yes, you may legally refuse a chemical drug test. You do not have to give a sample of your blood to law enforcement for drug testing. However, due to Georgia’s “Implied Consent” laws, refusing a drug test after a DUI stop could trigger the penalty of losing your Georgia driver’s license for an entire year.
What Are The Penalties For A Drug DUI In Georgia?
A drug DUI is a misdemeanor, and brings with it a maximum penalty of 12 months in jail and a $1,000 fine. You will also face a suspension of your driver’s license for six months.
What Defenses Are Available For A Drug DUI Charge?
Defenses can include your Fourth Amendment right to be protected from unreasonable searches. For example, if the arresting officer did not have probable cause to pull you over, your attorney could argue that the stop was unlawful and, therefore, invalid.
Your attorney could also argue that you were not, in fact, under the influence of drugs at the time of your arrest. Some chemicals can stay in your bloodstream for quite some time. As a result, your attorney may argue that the presence of those properties in a blood sample is not necessarily evidence of your physical or cognitive impairment.
What Are Key Differences In Drug DUI And Alcohol DUI Cases?
One of the most important factors in any drug DUI case has to do with how the presence of drugs is detected. While alcohol has a certain smell and physical symptoms associated with it, these do not always apply when a person is under the influence of drugs. As a result, defending a drug DUI case can sometimes be easier than defending an alcohol DUI case.
You may also find yourself charged with a “less safe driver DUI” charge. This means that your blood alcohol content is under the legal limit of 0.08%, but you are still thought to be “less safe” of a driver than if you had no alcohol in your system. In either case, an attorney can explore the background of your stop and map out possible legal defenses, ideally seeing charges lowered or dropped.
Still Have Questions? Ready To Get Started?
For more information on DUI vs. Drug DUI charges in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 300-9793 today.
Attorney Lubin An is an experienced, diligent criminal defense attorney serving Georgia. For over 15 years, he’s helped clients just like you navigate drug and alcohol DUI charges with care, helping them fight for their rights and retain their driving privileges.
Have questions, or in need of legal guidance? Reach out to Lubin An Law, LLC. for an initial consultation today.
