Hi, I’m Joey Williams. If you’re reading this, you’re likely facing something I’ve seen many times before: deep confusion and anxiety that follows a DUI of drugs charge in Georgia. You may be wondering how a legal prescription or a substance you thought was safe could lead to such serious allegations. I want you to know, first and foremost, that you are not alone, and an arrest is not a conviction.
As a dedicated Georgia DUI of drugs lawyer, I have focused my entire practice on defending individuals in your exact situation. This page is my personal commitment to explaining this complex area of law and showing you how I can fight for your future.
Understanding DUI of Drugs in Georgia
Many people are shocked to learn that a DUI of drugs in Georgia doesn’t require illegal narcotics. Georgia’s DUI statute prohibits driving while under the influence of any drug to the extent it renders you a less safe driver. This includes:
- Illegal drugs like marijuana, cocaine, or methamphetamine.
- Legally prescribed medications like opioids, benzodiazepines (Xanax, Valium), or strong painkillers.
- Over-the-counter medications that can cause drowsiness, such as certain antihistamines or sleep aids.
The state’s case hinges on proving “impairment,” not just the presence of a substance. This is a critical distinction I use to build defenses. The prosecution must convince a jury that the drug rendered you incapable of driving safely, which often relies on subjective police observations, body cam footage, and field sobriety tests. As your attorney, my job is to dismantle the driving less safely ” argument piece by piece.
Types of DUI Drug Cases
I handle all types of DUI drug cases, each requiring a specific defense strategy:
- Marijuana DUI: Marijuana DUI Georgia cases are increasingly common. Prosecutors rely heavily on the Drug Recognition Expert (DRE) protocol and blood tests showing THC metabolites. I challenge the science behind linking metabolite presence—which can linger for weeks—to actual impairment at the time of driving.
- Prescription Drug DUI: This is one of the most misunderstood charges. You can be arrested even if you took your medication exactly as prescribed. As your prescription drug DUI lawyer, I work with medical experts to demonstrate your tolerance level and argue that you were not “less safe.”
- Illegal Narcotics & Controlled Substances: Charges involving cocaine, meth, heroin, or illicit pills carry severe penalties and social stigma. As a controlled substances attorney, I aggressively challenge the legality of the stop, search, and seizure, and the state’s chemical testing procedures.
- Polydrug or Combination Cases: When alcohol is involved with drugs, the state argues for enhanced impairment. My defense strategy involves dissecting the evidence to show what substance—if any—actually caused unsafe driving.
No matter the substance involved, the common thread is this: the state’s evidence is often far from perfect. My entire approach is built on finding those flaws.
Legal Penalties for DUI of Drugs in Georgia
The penalties for a DUI of drugs in Georgia mirror those for alcohol DUI and are equally severe. A conviction can result in:
- Jail Time: Up to 12 months for a first offense, with mandatory minimums.
- Hefty Fines & Surcharges: Fines from $300 to over $1,000, plus court costs.
- License Suspension: A 12-month administrative license suspension by the Georgia DDS.
- Probation: Up to 12 months of supervised probation with strict conditions.
- Community Service: A minimum of 40 hours.
- DUI Risk Reduction School & Clinical Evaluation: Mandatory completion of a state-approved program and a substance abuse evaluation.
- Criminal Record: A permanent conviction that appears on background checks.
Aggravating factors like causing an accident, having minors in the car, or having prior offenses turn these penalties from serious to devastating. My goal is to prevent this outcome entirely or minimize every single one of these consequences for you.
Building a Strong Defense of Drugs Defense
From the moment you hire me, I go to work building a tailored defense. Here’s how I approach a DUI of drugs case:
- Challenge the Traffic Stop: Did the officer have a valid legal reason (probable cause) to pull you over? If not, all evidence that follows may be thrown out.
- Scrutinize the Field Sobriety Tests (FSTs): These tests are designed for alcohol, not drug impairment. I question their administration and relevance, highlighting medical conditions, fatigue, or anxiety that could have affected your performance.
- Attack the Drug Recognition Expert (DRE) Evaluation: The 12-step DRE protocol is subjective. I meticulously review the officer’s training, report, and procedures for errors or bias.
- Question the Chemical Test: Blood and urine tests have chain-of-custody issues, lab errors, and interpretation problems. I demand all lab data and work with forensic toxicologists to challenge what the results actually prove about your impairment at the time you were driving.
- Present Alternative Explanations: I work to present evidence of your normal behavior, your tolerance to a prescribed medication, or other reasons for your physical signs (e.g., lack of sleep, medical issues).
My strategy is built on the foundation that these cases are won in the details. I leave no stone unturned.
Why Choose Joseph Williams Law for Your Defense?
When you choose us, you are getting a dedicated advocate whose practice is laser-focused on DUI defense. Here’s what I promise you:
- Personal Attention: You will work directly with me. I will answer your calls and emails, explain every step, and be by your side in court.
- Scientific & Legal Knowledge: I have invested deeply in understanding the pharmacology and forensic science behind drug testing. I speak the language of the lab and the courtroom.
- Prepared Advocacy: If I identify legal issues in the case, I file pre-trial motions, challenge the state’s evidence, and am always prepared to take your case to trial if it’s in your best interest.
- A Focus on Your Future: I understand that my fight isn’t just about a case number; it’s about your driver’s license, your career, your reputation, and your freedom. I defend all of it.
Frequently Asked Questions (FAQs)
1. Can I be charged with a DUI in Georgia if I was using prescription medication?
Yes. If the officer believes the medication impaired your ability to drive safely, you can be charged. A valid prescription is a part of your defense, but it does not automatically prevent an arrest or conviction. This is where my work as your prescription drug DUI lawyer becomes critical.
2. How do police test for drug impairment during a traffic stop in Georgia?
After standard field sobriety tests, an officer may call a specially trained Drug Recognition Expert (DRE) to conduct a lengthy evaluation, including vital signs and pupil examinations. They will then seek a blood or urine test.
3. Do I lose my license for a DUI of drugs in Georgia?
Yes, the Georgia Department of Driver Services will administratively suspend your license upon arrest. You have only 30 days to request a hearing to fight it, which is one of the first things I do for you.
4. How is a DUI of drugs different from an alcohol-related DUI in Georgia?
The legal standard (“less safe driver”) is the same. The key difference is the evidence. There is no “per se” limit for most drugs like there is for alcohol (.08 BAC). The state must prove impairment through officer testimony and often unreliable drug tests, which allows for more avenues to challenge the charge.
5. Can I refuse a blood or urine test if I’m suspected of drug use in Georgia?
Under Georgia’s implied consent law, refusing a state-administered test after a lawful arrest will result in an automatic 12-month license suspension. The decision to test is complex and should be made with legal counsel if possible, but officers can obtain warrants for blood draws if they suspect drugs.
6. Is marijuana treated the same as other drugs in Georgia DUI cases?
For a marijuana DUI in Georgia, the treatment is similar. However, the debate around metabolites vs. active THC impairment is a central battleground in these cases, which can be used in your defense.
7. Are DUI of drugs charges treated more harshly if minors are in the car?
Yes. Having a minor under 14 in the vehicle elevates the charge to “Child Endangerment DUI,” which carries enhanced penalties, including mandatory jail time and higher fines.
8. How long does a DUI of drugs stay on my record in Georgia?
A conviction is permanent on your criminal record. It can only be restricted or sealed in very limited circumstances, making it vital to fight the charge from the start.
9. Can a DUI of drugs in Georgia affect my employment or professional license?
Absolutely. Many employers conduct background checks, and professional licensing boards (for nurses, doctors, pilots, attorneys, etc.) may take disciplinary action, including revocation, upon a conviction.
10. Can I be convicted of a DUI in Georgia if the drugs are no longer active in my system?
This is a common misconception. The state must prove you were impaired while driving. If only inactive metabolites are found, it supports a strong defense that you were not under the influence at the time of the alleged offense. This is a key argument to be used.
Don’t Let a DUI of Drugs Charge Define Your Future
These charges feel isolating, but you don’t have to face them alone. The science is complex, the penalties are life-altering, and the state’s evidence may not be nearly as strong as they want you to believe.
If you are facing a DUI of drugs in Georgia, take the first step toward protecting yourself. Contact my office today for a confidential, one-on-one consultation. Let me put my focused expertise and personal commitment to work for you. Together, we will build the strongest possible defense.