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What Does It Mean To Drive Under The Influence In Georgia?

July 24, 2024 by Jeremy Lindy

Statistics show that Georgia has over 200,000 arrests for DUIs every year. That doesn't account for those who got away with driving while under the influence or those who didn't realize they were impaired. There were also 11,654 estimated deaths as a result of drunk driving in the state in 2020. At their best, accidental cases can lead to little more than an education program and a slap on the wrist. At their worst, they can lead to jail time because someone died. That's why it's so important to know what it means to be under the influence.

What Is Driving Under The Influence?

When we think of sobriety tests for drivers, we tend to think of drunk drivers with a blood alcohol level of 0.08g. These are the people who either accidentally drank more than the legal limit before getting behind the wheel or knowingly drove home while clearly intoxicated. However, the term driving under the influence is actually broader than people realize. It is about the impaired driving ability that's the direct result of a substance within the body. That impairment could lead to an inability to see hazards and other vehicles properly, problems with motor functions, and slower reaction times. Impaired drivers who are lucky may get home without incurring any damage or harming anyone. However, too many drivers under the influence cause serious accidents, injuries, and fatalities. Some even cause hit-and-run accidents due to their lack of comprehension of what happened.

What Substances Can Lead To A DUI Charge?

1) Alcohol

This is the obvious one because of the prevalence of drunk driving. Often, these cases occur by accident because of that low cut-off point for the legal limit. The percentage is low for a reason. It is better to keep people off the road if they've been drinking than to have them run the risk. Many don't appreciate how few drinks it takes to become impaired or how long it takes to completely sober up enough to be safe. In these cases, it is important to hire a good DUI lawyer for representation. They can help highlight how accidentally the situation was and advocate for minor repercussions if no one was hurt.

2) Illegal drugs

Alcohol-related DUI cases are common because of the legality and accessibility of alcohol at home and in society. Yet, these cases can also refer to those under the influence of illegal drugs. Many banned substances in Georgia can carry serious penalties for possession and distribution. If the police pull you over on suspicion of a DUI and also find drugs in the vehicle, you're looking at more complex charges. So, anyone using cocaine, amphetamines, and other narcotics needs to stay away from the driver's seat.

3) Cannabis

Cannabis deserves its own point here because it can lead to some confusion and mistakes in Georgia. Each state has its own rules about marijuana use and possession. Some have made it completely legal to use, others only permit regulated medicinal forms, and others have full bans. Patients registered with the Georgia Department of Public Health may possess 20 ounces or less of weed or low-THC oil. This doesn't mean they can drive while under the influence of this legal form. The difference in laws can also catch out drivers from other states, so anyone spending time in Georgia has to be cautious.

4) Prescription medication

This is another surprising factor that can cause unexpected DUI charges. Prescription medication is completely legal and set to be taken at precise intervals to remain effective. Many people rely on a range of medications that can alter mood, brain chemistry, and cognitive function. These drugs can be completely necessary tools for controlling conditions like depression, anxiety, and ADHD. The problem is that there is the potential for these drugs to trigger DUI charges if you happen to get in an accident while taking them. Again, this is where you need someone like the award-winning DUI lawyer Greg Willis on your side. The most experienced DUI lawyers will look at every case on an individual basis to find the best defense.

5) OTC medication

A final consideration here, following on from the prescription medication, is the impact of OTC (over-the-counter) drugs. As with prescribed medication, there are lots of fast-acting solutions that can have some serious side effects. Some packets do come with warnings not to use them while driving or working with heavy machinery. This isn't just there to cover the company's back in case of accidents. Drowsiness and grogginess from sleep aids could affect your driving the next morning. Side effects from relief medication, such as hayfever tablets, may also be an issue. This is a situation where it's always better to be safe than sorry.

Can You Fight A DUI Charge?

Thankfully, a DUI charge doesn't have to be the end of the world. It all depends on the circumstances behind the incident and any additional charges that may arise. For example, you might get pulled over for running a red light or an illegal turn, and that then leads to a failed sobriety test. If this is a first offense with no additional factors, your lawyer can create a good defense and bargain for a smaller punishment. However, if you were knowingly over the limit and caused an accident and/or injury, that's tougher to fight. It's the defense's job to find the technicalities and get you the lightest sentence they can.

This is why it is so important to work with an experienced DUI lawyer who understands the law inside and out. They can examine your situation, go over all the evidence, comb through the police reports for errors, and give you the best chance of avoiding jail. Of course, the best way to avoid jail for a DUI is to never drive under the influence. But, if you accidentally find yourself in this situation due to one extra drink or some powerful medication, it's nice to know someone has your back.

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