DUI Drugs
What Makes Us Different
Why You Need Help From a Skilled DUI Drug Lawyer?
DUI drug charges mean driving under the influence of drugs.
It’s important to note that DUI in drugs does not just mean illegal drugs. Any medication impairing your ability to operate a motor vehicle can result in a DUI drug arrest. That includes legal drugs, such as prescription medications, over-the-counter medicines, and cold medicines. If you’ve been charged with DUI drugs, you’re looking to face up to 12 months in jail and $1,000 in fines for a first offense.
These charges can also result in additional penalties, such as losing your license, higher insurance premiums, probation, community service, and DUI classes.
So, consulting with an experienced attorney who can help you understand the charges against you and protect your rights is critical. At The Kim Law Firm, P.C., we understand your challenges and are here to help. Our team of experienced DUI lawyers is ready to fight for your rights and future.
Types of Drugs and Their Impact on DUI Cases
In DUI cases involving drugs, the type of drug can influence the severity and outcome of the case.
The United States Drug Enforcement Administration (DEA) categorizes drugs into schedules. This classification is based on the drug’s accepted medical use and its potential for abuse or dependence. The higher the schedule, the greater the risk of abuse and harm. These schedules help guide criminal prosecution, medical regulation, and enforcement.
Schedule I: They have no currently accepted medical use and a high potential for abuse and dependence. Examples include heroin, LSD, marijuana, ecstasy, and peyote.
Schedule II: These drugs have limited medical uses under strict regulation. Examples include cocaine, methamphetamine, fentanyl, and certain prescription stimulants such as Adderall and Ritalin.
Schedule III: These substances have a moderate to low risk of physical or psychological dependence. Common examples include products containing limited amounts of codeine, ketamine, anabolic steroids, and testosterone.
Schedule IV: These drugs have a low potential for abuse and a lower risk of dependence. These substances are commonly prescribed and include Xanax and Valium. While penalties are generally less severe, misuse can still result in criminal charges.
Schedule V: They often contain small amounts of narcotics and are typically used for medical purposes such as treating diarrhea, coughs, or pain. Examples include certain codeine cough syrups.
Moreover, a substance does not have to be specifically listed to be treated as illegal.
Each category of drugs affects the body differently, potentially impairing judgment, motor skills, and reaction times. For instance, benzodiazepines (found in Xanax or Valium) can slow reaction time and cause drowsiness. Although legal in many states (though not in Georgia), marijuana can still impair judgment and coordination, especially in higher doses.
A driver can be charged with DUI if they are impaired by any controlled substance, regardless of whether it is legal or prescribed. The drug’s schedule often affects how the case is charged, proven, and punished.
Georgia DUI Charges and Penalties
In Georgia, a person may face a DUI charge if they are controlling a vehicle while having any amount of alcohol, a controlled substance, or another drug in their body. DUI convictions also carry required penalties under state law. Judges have broad authority during sentencing. They can add extra probation terms or impose additional DUI-related conditions.
Georgia’s implied consent law requires drivers to submit to breath, blood, or urine testing. Penalties for DUI convictions within 10 years in Georgia include the following:
First DUI
- From 10 days up to 12 months in jail
- Fines of up to $1,000
- From 40 to 250 hours of community service
- Probation for up to 12 months
Second DUI
- From 90 days to a year in jail (mandatory 72 hours of jail time)
- Fines of up to $1,000
- At least 30 days of community service
Third Offense DUI
- From 120 days to a year in jail
- Fines ranging from $1,000 to $5,000
- Minimum 30 days of community service
- 12 to 26 months of probation
- Declared habitual violator
- Under Georgia law (Section 40-6-391.2), the state may seize the vehicle of a habitual DUI violator.
Enhanced DUI Penalties
Georgia law allows tougher DUI penalties in some cases. For example, driving impaired with a child in the car can lead to child endangerment charges. In addition to DUI penalties, a conviction could mean up to 12 months in jail and $1,000 in fines.
When Is a DUI a Felony in Georgia?
Most DUIs in Georgia are misdemeanors, but some can be felonies. This happens if the driver causes death or serious injury, flees a police officer, or has three or more DUIs in the past 10 years.
Georgia Drug Penalties
As noted, drugs are grouped into schedules based on how addictive they are, how likely they are to be abused, and whether they have any accepted medical use. Prescription medications are also placed into these schedules to limit misuse and illegal distribution.
Both illegal drugs and substances that require a valid prescription fall into Schedule I through Schedule V. In Georgia, possessing less than one ounce of marijuana is treated as a misdemeanor and can carry a jail sentence of up to one year. Most other drug offenses, however, are charged as felonies.
For example, a person accused of possessing a Schedule I drug or a Schedule II narcotic may face a prison sentence ranging from two to fifteen years, even with no prior convictions. Possession of Schedule III, IV, or V substances can still result in serious consequences, including one to five years in prison.
Drug charges become even more severe when there is an allegation of intent to distribute. In Georgia, possession with intent to distribute is a felony that can lead to a prison sentence of five to thirty years.
Alcohol vs. Drug DUIs: Legal Differences and Defenses
Both alcohol and drug-related DUIs involve impaired driving. However, they differ in legal standards and evidence collection.
In drug DUI cases, Prosecutors have to demonstrate that the driver was incapable of driving safely due to drug consumption. This requires evidence such as blood or urine samples analyzed in laboratories, creating challenges with the chain of custody and sample degradation. Procedurally, drug DUIs often involve the testimony of Drug Recognition Experts (DREs) and extensive toxicology reports.
At Philip Kim Law P.C., we’re ready to use the following defense strategies:
Challenging Traffic Stop: Police are required to have a valid legal reason to pull a driver over. If the stop was unlawful, any evidence gathered afterward, including tests or statements, may be thrown out. We can review dashcam footage and reports to challenge stops that lacked legal cause.
Lack of Impairment Evidence: Some DUI drug cases rely on officer opinions rather than objective proof. Poor driving, field sobriety tests, or physical signs can be explained by fatigue, anxiety, medical issues, or injury.
When the state cannot prove actual impairment, we can break down the officer’s claims and show that normal behavior, stress, or medical issues do not equate to unsafe driving.
Challenging Blood and Urine Tests: These tests do not show when a drug was taken or whether it caused impairment at the time of driving. Some substances stay in the body long after their effects wear off.
We can examine lab methods, the chain of custody, and expert assumptions to attack the test results.
Prescription Drugs: A driver may have been lawfully prescribed medication and used it as directed. While this does not automatically defeat a DUI charge, it can raise serious questions about whether the driver was actually impaired. We can show lawful use, proper dosing, and the absence of driving impairment in your defense.
Talk To A Knowledgeable Lawyer First
If you’re facing DUI drug charges in Georgia, our tested criminal lawyers are ready to step in.
Your decisions following a DUI drug arrest will significantly affect your life. You may face jail time, fines, loss of driving privileges, community service, and other penalties. Your insurance rates may skyrocket, and you could lose your job.
At Philip Kim Law, P.C., we lead with honesty, so you get clear answers and straight talk about your options from the start. We stay responsive and easy to reach. Every case is different, and we tailor our defense to your situation, not a template.
We take the time to understand what happened, review the evidence closely, and build a strategy that fits your needs and goals. With clear communication, focused defense, and a commitment to protecting your rights, we stand with you at every step of your case.
Contact us today to schedule an initial consultation.
Frequently Asked Questions
1. What does a DUI drug charge mean, and why is it serious?
A DUI drug charge means driving while impaired by drugs, not just illegal ones. Legal drugs like prescription pills, cold medicine, or over-the-counter drugs can also lead to arrest if they affect driving. A first offense can lead to jail time, fines, license suspension, higher insurance premiums, and other long-term problems.
Because the penalties are severe, we step in to protect your rights and guide you from the start.
2. How do different types of drugs affect a DUI case?
Drugs are grouped into schedules based on medical use and abuse risk. The type of drug involved can change how a case is charged and punished. Some drugs slow reaction time or cause drowsiness, while others affect focus or judgment. Even a prescribed drug can support a DUI charge if police claim impairment.
We look closely at the drug type and how it truly affects driving.
3. What penalties can someone face for a DUI drug charge in Georgia?
Georgia law allows DUI charges if any drug or alcohol is in the body while driving. Penalties can include jail, fines, probation, and community service. Repeat offenses bring harsher punishment, and in some cases, they can become felonies. Judges also have the power to add extra terms.
We work to reduce or avoid these outcomes whenever possible.
4. How are drug DUIs different from alcohol DUIs?
Drug DUIs are harder for the state to prove because there is no clear limit like alcohol levels. Prosecutors have to show the driver could not drive safely. They often rely on lab tests, expert opinions, and officers’ views. These cases raise issues with testing time, lab errors, and proof of real impairment. We challenge weak evidence and flawed methods.
5. How can we defend someone facing DUI drug charges?
We review the traffic stop to see if it was legal. We question whether there is real proof of impairment. We examine blood and urine tests for errors and timing issues. If prescription drugs are involved, we show lawful use and lack of driving risk.
We tailor every defense to the facts and stand with you through every step.
Request a Free Legal Consultation
Lawrenceville, GA 30046