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Criminal Defense

Can I get a DUI for marijuana? – Criminal Defense Attorney

By March 6, 2020March 9th, 2020No Comments

Many people ask if it’s possible to get charged for a DUI for marijuana in Georgia. The truth is that consequences for a marijuana DUI are actually worse than they are for an alcohol DUI. If you get convicted for being under the influence of marijuana when you are driving a car, there is a six month hard license suspension with no ability to drive whatsoever. That is worse than an alcohol DUI. Proving impairment at the time of diving that’s one of the most difficult things for the state to prove. It’s important that you not submit to any testing whatsoever. That makes it more difficult for the state to prove that you were impaired by marijuana at the time of driving a car.

What constitutes as “Driving under the Influence?”

Georgia’s prohibition of DUI is not restricted to just alcohol. The presence of marijuana or illegal drugs in your system in any amount constitutes driving under the influence. Since it is actually illegal to drive under the influence of marijuana in Georgia, and can will take or attempt to take blood and urine from you in order to prove that. If a driver has a restricted prescription drug in their system, they may face a DUI conviction. If a driver has a prescription and is impaired due to the medication, they still can be convicted of a DUI.

What to Do if I’m pulled over for a DUI for Marijuana

It’s hard to know what to do when pulled over. Georgia is an implied consent state which means a person has consented to a blood-alcohol test by driving on Georgia’s roads. A driver may refuse to take the test, but you may face a suspended license.

Kim Frye is an experienced and aggressive DUI lawyer with extensive courtroom experience. Prior to entering the private practice of law, she worked with the district attorney’s office. Her experience as a prosecutor helps her to detect when the police have acted improperly.

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