LEGAL GUIDE
Written by attorney Paul William Hamilton | Dec 15, 2017
By Paul William Hamilton
Dec 15, 2017
DUI TYPES IN GEORGIA
There are six ways that you can be charged with DUI in Georgia. O.C.G.A. § 40-6-391(a)(1-6)
O.C.G.A. 40-6-391(a)(1) Less Safe (Alcohol)
The first way is by proof that you are under the influence of alcohol to the extent that it is less safe for you to drive.O.C.G.A. 40-6-391(a)(2) Less Safe (Drugs)
The second way that one can be charged with driving under the influence is by proof that one is under the influence of any drug to the extent that it is less safe for the person to drive.O.C.G.A. 40-6-391(a)(3) Less Safe (Glue, Aerosol, and Toxic Vapors)
The third way is by proof that one is under the influence of any glue, aerosol, or other types of vapor to the extent that it is less safe for one to drive.O.C.G.A. 40-6-391(a)(4) Less Safe (Combo of two or more of the above)
The fourth way is by showing proof that an individual is under the combined influence of any two or more of the above mentioned substances including alcohol, drugs or toxic vapors.O.C.G.A. 40-6-391(a)(5) Per Se
The fifth way to be charged with driving under the influence is by proof showing that one's blood alcohol concentration is 0.08 grams or more at any time within 3 hours after driving.O.C.G.A. 40-6-391(a)(6) Drugs (any amount)
The final way one can be charged with DUI in Georgia is by proof that an individual, while driving, has any amount of a controlled substance in the person's blood or urine, or both. A court case, Love v. State, 271 Ga. 398, 517 S.E.2d 53 (1999), specifically excludes marijuana from this particular statue. As a result, a DUI for marijuana must always be charged under O.C.G.A. ? 40-6-391(a)(2) and the prosecutor must show impairment as a result of the marijuana.
It is important to note that the DUI law in Georgia specifically states that even if you are prescribed a drug by your doctor, if it impairs your ability to drive you can still be charged and convicted of a DUI. In fact, there are many over-the-counter medications that might impair one's ability to drive (i.e. Nyquil, Tylenol PM).
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