Chatham Hill GA impaired driver defense attorneys

Chatham Hill GA impaired driver defense attorneys
Savannah GA Criminal lawyer

Whereas a drunk driving offense involving drugs can be prosecuted by the State although where the drugs are prescribed by a physician, special laws apply to DUI-contraband cases. These cases involve illegal substances like 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 presently required to establish impairment because of the illegal contraband drugs in the system. Simple evidence of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. Whereas, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the government must demonstrate that the person was rendered incapable of driving safely as a result of using the marijuana.

Beyond the misdemeanor DUI contraband penalties, Georgialaw has other more punitive statutes for possession of drugs when marijuana or other illegal substances are found in a truck or someones pocket. A “possession” offense can be committed by a person driving a automobile, or by a person not operating a vehicle. Your drivers license may be suspended on a guilty plea or a conviction for possession of drugs, although you were not driving when arrested. This law has been upheld by the GeorgiaSupreme Court after an appeal on challenges to its constitutionality.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney