Macon Georgia DUI criminal law firm
While a DUI offense involving drugs may be prosecuted by the State even where the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These charges involve illegal substances like marijuana, cocaine, heroine, etc. in the persons blood system. The DUI offense is based upon driving while having an unlawful substance in the blood system. Even though this issue is presently on appeal, the prosecutor is not presently required to demonstrate impairment caused by the illegal contraband drugs in the system. Mere evidence of the presence of a contraband substance or its “metabolites” is sufficient to result in a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the government must prove that the person was rendered incapable of driving safely as a result of using the marijuana.
Beyond the misdemeanor DUI contraband penalties, GAlaw has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a automobile or someones pocket. A “possession” criminal offense can be committed by a person driving a automobile, or by a person not operating a car. Your drivers license may be suspended on a guilty plea or a conviction for possession of drugs, even if you were not driving when arrested. This law has been upheld by the GeorgiaSupreme Court after an appeal on challenges to its validity.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
www.maconduidefense.com
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