Can You Get a DUI in Georgia for Driving on Legal Drugs?

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The laws against DUI in Georgia are strict. They extend well beyond what one would be doing before being charged. In Georgia, it is illegal to drive with 0.08 or more blood alcohol concentration (BAC). Even if your BAC is less than 0.08, driving under the influence of illegal drugs or alcohol results in a DUI conviction. In 2019, around 10,142 people died due to drunk driving.

You may wonder what will happen if you are taking a prescription drug. Can you still get convicted for DUI if you are following the doctor’s orders? In certain situations taking a prescription drug and driving can lead to a DUI conviction. Know everything about DUI for prescription drugs.

DUI in Georgia & Laws

According to the law for DUI in Georgia, people are prohibited from driving or being in control of any vehicle while they meet the following conditions:

  • Being under the influence of any drug makes it unsafe to drive
  • Being under the influence of alcohol
  • Being under the intentional influence of aerosol, glue, or other toxic vapor
  • Being under the combined influence of any two or more substances specified above
  • Having an alcohol concentration of 0.08 grams or more within three hours of driving.
  • Any amount of a controlled substance including marijuana, as defined in Code Section 16-13-21 present in the urine or blood or both of the person involved. It also includes the derivatives and metabolites of each without regard to whether alcohol is present in breath or blood.

Georgia’s DUI Laws & Prescription Drugs:

Under the following sections of DUI Law in Georgia, you can get a DUI when taking prescription drugs:

  • Being under influence of any drug makes it is less safe to drive.
  • Being under influence of any two or more substances specified above that makes it less safe to drive.

If a prescription drug impacts your ability to respond quickly or it impairs your conduct in a way that it is unsafe to drive then you can be charged with DUI even if you are taking prescribed medication. If you take your medicine with alcohol then it will be less safe for you to drive. You will be charged with DUI if this happens.

If you are under the impact of the prescription drug and you drive, having a prescription will not be a defense against the charge. You will be charged the same as you would be under influence of any controlled substance. There is an exception to the rule.

When Prescription Medication can be Utilized as Defense?

The controlled substances include stimulants, opiates, and depressants. Usually, the presence of any controlled substance results in charges of DUI. However, you will have a valid legal defense if you have a legal prescription for the drug and you are not impaired to the extent that it will impact driving.

The prescription should be valid in case of the presence of a controlled substance in your blood. If someone has cocaine in their blood and they do not appear to be impaired, they can still be charged with DUI. If you have a valid prescription for a painkiller and you do not appear to be impaired then you would not be charged with a DUI.

Prescription Drug DUI Consequences:

The consequences for a prescription drug DUI are the same as any other type of DUI. If you are convicted at a trial, or if someone pleads guilty for a prescription drug DUI, they face a fine, jail time, educational programming, and a chemical use assessment.

Speak to an Experienced Attorney:

If you have been charged with prescription drug use, our attorneys can help you. We are here to protect your legal rights and help you in this case. We aim to strengthen your case and attain successful outcomes. Dealing with DUI in Georgia alone is very challenging. Let us help you in gathering evidence, negotiations, and documentation.

Our DUI attorneys have years of knowledge and experience to deal with such cases. There is no need to be afraid if you have a valid prescription. As you were not impaired while you were driving. Just get in touch with our team and know about your legal options.

Let's get started with your FREE consultation.






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