Richmond County Georgia impaired driver defense law firm

Richmond County Georgia impaired driver defense law firm

Augusta DUI lawyer

Whereas a DUI offense involving drugs can be prosecuted by the State although if the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the drivers blood system. The DUI offense is based upon driving while having an unlawful substance in the blood system. Although this issue is presently on appeal, the prosecutor is not currently required to demonstrate impairment caused by the illegal contraband drugs in your system. Mere evidence of the presence of a contraband substance or its "metabolites" is sufficient to result in a conviction. Yet, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the government must prove that the person was rendered incapable of driving safely as a result of using the marijuana.

Besides the misdemeanor DUI contraband penalties, GA law has other more punitive statutes for possession of drugs when marijuana or other narcotics are found in a car or someones pocket. A "possession" offense can be committed by a person driving a vehicle, or by a person not operating a vehicle. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when at the time of arrest. This law has been upheld by the GASupreme Court after an appeal on challenges to its validity.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.