Blood tests are typically the most reliable way to test for the presence of alcohol or drugs. However, convicting someone of a drug-related DUI is more difficult than convicting someone with an alcohol-related DUI because there is no specific blood concentration that has been deemed illegal for drugs. This is not so for alcohol since an individual who is over a blood alcohol concentration of 0.08 is deemed legally intoxicated for the purposes of driving. Matters are complicated by the fact that some people may be under the influence of multiple prescription drugs at once. In addition, a blood test that is positive for a prescription drug doesn’t demonstrate how affected the person is by that drug. Many people can take a narcotic as prescribed and be capable of driving safely. Blood tests are reliable in terms of showing which drug is in a person’s system, but unreliable in terms of showing how affected a person is by that drug.
Should I Ever Admit To Taking Prescription Drugs In Front Of A Police Officer At A DUI Stop?
There is generally nothing good that comes from admitting anything to a police officer. An individual is allowed to drive when they have prescription drugs in their system as long as those prescription drugs do not affect their ability to drive. An individual can even get a DUI based on having Sudafed or Ambien in their system if either substance renders them incapable of driving safely.
Are Drug-Related DUI Cases Easier To Defend Than Alcohol-Related DUI Cases?
Defending a prescription drug-related DUI case is easier than defending an alcohol-related DUI case simply because jurors are more likely to show sympathy toward someone who may have taken prescription medication due to pain or a health issue than to someone who just decided to get drunk to have a good time.
Are Drug-Related DUI Cases Typically Accompanied By Additional Drug-Related Charges?
A drug-related DUI case generally won’t be accompanied by a possession charge unless the DUI involved an illegal drug. For example, if someone received a drug-related DUI charge for being under the influence of cocaine, then they could receive a possession charge in addition to the DUI charge. I have never seen a case wherein someone was charged with possession based simply on the fact that an illegal drug was detected in their system. Possession charges come about when drugs are found on or nearby someone’s person.
What Are The Penalties For A DUI Drug Conviction In Georgia?
In Georgia, the penalties for drug-related DUI convictions are exactly the same as they are for alcohol-related DUI convictions. The only difference in a drug-related DUI case is that the convicted individual will be ineligible for a limited permit to drive, which is something that can be obtained after a first-time alcohol-related DUI conviction.
Does It Make A Difference In My Case If My First DUI Was Alcohol-Related And The Second Was Drug-Related?
Georgia law sentences alcohol-related DUIs in the same way as drug-related DUIs. This means that the amount of mandatory jail time, the fines, and the community service requirements are the same. However, the license suspension penalty will be more severe after receiving the second DUI.
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