Columbus Georgia DUI criminal defense lawyer
Whereas a DUI 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 charges 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 your blood system. Although this issue is currently on appeal, the prosecution is not presently required to demonstrate impairment due to the illegal contraband drugs in the system. Simple proof of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. Meanwhile, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the prosecution should demonstrate that the person was rendered incapable of driving safely as a result of using the marijuana.
Beyond the misdemeanor DUI contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other illegal drugs are found in a car or someones pocket. A “possession” crime may be committed by a person driving a vehicle, or by a person not operating a automobile. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, even though you were not driving when arrested. This law has been upheld by the GASupreme Court after an appeal on challenges to its validity.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
