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Thursday, November 10, 2016

What you Need to Know about DUI and Marijuana in Georgia

While many states have permitted the legal use and consumption of marijuana and marijuana-based products, Georgia has not. However, the DUI law in Georgia has changed to reflect the legalization of marijuana in other states.

First, it’s important to know that DUI does not just mean driving under the influence of alcohol, it includes driving “less safe” under the influence of any prescription or illegal drug – including marijuana.  However, under current DUI law in Georgia, a positive blood test for marijuana no longer proves that a driver was impaired while operating a vehicle, as the mere presence of cannabis metabolites no longer constitutes DUI. 

Today, the law in Georgia reflects the legality of marijuana based products in other states and the fact that metabolites remain in the body for weeks. Previously, Georgia law stated that driving with any amount of controlled substance present in the body was against the law, meaning the cannabis metabolites which could be detected in a person’s body for up to one month after use could be used as evidence against the driver which resulted in drivers testing positive weeks after ingesting marijuana.  It also meant that a person may have legally ingested marijuana products while out of state, and the metabolite residue remained in the system after returning to Georgia.

If you are arrested for a DUI under any circumstances, it is extremely important to contact an experienced attorney immediately who is knowledgeable about the current Georgia law.  Time is of the essence due to the 10 Day Rule, which states that you will need to request a hearing from the Department of Driver’s Services within 10 days of your arrest. Legal counsel will help prepare your appeal letter and ensure your rights are protected.

Attorney Christopher Chapman was selected as one of the 10 BEST DUI Attorneys for the Client Satisfaction in the State of Georgia by the American Institute of DUI/DWI Attorneys. 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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