Charged With DUI Drugs? Here’s What You Need To Know.

Last updated on August 14, 2025

Alcohol isn’t the only thing that can get you into trouble behind the wheel. You can face arrest for driving under the influence of drugs. Street drugs such as marijuana, methamphetamine and illegal narcotics can impair your motor skills and judgment just as much as alcohol. Even some prescription medications — for example, sleep aids, opiates and painkillers — can impair your driving. Georgia law enforcement agencies have ramped up their enforcement of drug DUIs in recent years. Police officers are trained to recognize the signs of drug use. If you got pulled over and had zero evidence of alcohol consumption, you may still end up behind bars facing allegations of driving under the influence of drugs.

What Georgia Law Says About Driving Under The Influence Of Drugs

Under Georgia law (O.C.G.A. § 40-6-391), a person shall not drive or be in actual physical control of any moving vehicle while under the influence of any drug to the extent that they are less safe to drive. Below are situations that constitute a violation:

• Being under the influence of any drug, even prescription or over-the-counter, to the extent that driving is impaired
• Possession of any amount of marijuana or controlled substances, including metabolites in the blood or urine, regardless of whether alcohol is present, a per se violation

A fleet of circumstances, including prescription drug use, can still lead to a DUI-drugs charge if the person is rendered unsafe behind the wheel by an impairing substance. An attorney’s experience is critical in evaluating whether impairment can be scientifically challenged or whether the presence of substances automatically triggers a per se violation. 

How Drug-Related DUIs Are Different

Unlike alcohol, drugs aren’t subject to a bright-line “legal limit” for purposes of DUI charges. The issue isn’t whether you had drugs in your system — or how much you had. Rather, the issue is whether the drugs actually impaired your driving. Because drugs and medications affect everyone differently, this issue is often at the crux of drug-related DUI cases.

The evidence in drug DUI cases is often weaker than in alcohol-related cases. There may or may not have been a blood test. The prosecution might rely heavily on the police officer’s observations.

Despite these differences, the consequences for drug DUIs are just as severe as alcohol DUIs. Depending on your circumstances, you could face jail time, steep fines, increased insurance premiums and a tarnished criminal record. You could also end up losing your driver’s license.

Penalties For Driving Under The Influence Of Drugs In Georgia

When facing a Georgia DUI-drugs charge, penalties mirror those for alcohol-related offenses but often have different consequences and administrative hurdles.

First offense:

• Up to 12 months in county jail, often partially probated
• Fines ranging from $300 to $1,000
• 40 hours of community service
• License suspension and no limited driving permit allowed
• Participation in a DUI Risk Reduction Program
• Clinical evaluation is mandatory 

However, for subsequent offenses:

• A second offense typically introduces harsher penalties, a similar jail and fine structure, a longer license suspension and no work permit during suspension.
• A third or more DUI within a 10-year look-back period may escalate to a high-and-aggravated misdemeanor, with fines up to $5,000, longer incarceration and potential designation as a habitual violator. 

Georgia also enforces administrative consequences such as license suspension and required completion of a Risk Reduction Program, which operates independently of criminal sentencing. 

With these hurdles and more, depending on your situation, it is best to get strategic legal defense from an attorney familiar with criminal and DMV procedures. Our Athens drug DUI lawyers can help protect your rights and future.

Our Philosophy: Every Case Is Winnable

If you’re facing charges for driving under the influence of marijuana, cocaine or any other type of drug, the worst thing you can do is talk to the prosecutors on your own. You need an experienced lawyer on your side to find the weaknesses in the state’s case.

At Daniels & Rothman, P.C., we believe that every case is winnable — if you know what to look for. That’s where we come in. Our lead attorney in this area, Jeffrey Rothman, has more than 20 years of tried-and-true experience challenging all types of DUI charges. He won’t hesitate to fight the charges all the way to trial.

When so much is on the line, you need this high level of powerhouse legal representation.

To get started with a free consultation, call our Athens office at 706-621-5166 or contact us online.