DUI With Drugs Lawyers in Savannah

Understanding DUI With Drugs in Savannah

Driving under the influence of drugs (DUID) is prohibited in the state of Georgia. With the recent rise in prescription drug use, enforcement efforts have intensified in prosecuting drug-impaired driving. There are very few exceptions to the rule. If you are pulled over for a suspected DUI in Savannah and a blood test is taken, any level of illegal drugs in your system may lead to the presumption of impairment while driving.

At Schneider Lerch, LLC, our Savannah DUID lawyers have handled hundreds of DUI cases, many involving allegations of driving under the influence of drugs. You can count on us to provide effective representation. Our legal team remains at the forefront of legal defenses for DUID charges, continually updating our methods to include the latest scientific findings and legal precedents. This approach ensures robust defense, which could be the difference between conviction and acquittal.

Contact us at (912) 417-5008 or reach out here online to discuss your options if charged with driving under the influence of drugs.

Understanding Georgia's DUI With Drugs Laws

The state of Georgia has low tolerance for illegal drug use, making driving under the influence of drugs illegal.

You could be charged with DUI drugs if you drove after using:

Under Georgia statute § 40-6-391, driving under the influence of any drug that makes it less safe to drive is prohibited. This subjective standard is determined by the arresting officer. If suspected, the officer will likely issue a citation for violating section 40-6-391. Similarly, under section 40-6-91-(6), having any amount of a controlled substance in your system may result in misdemeanors for the first three convictions. A fourth conviction results in a felony. Georgia law does not differentiate between legal and illegal drug impairment, making legal interpretation essential.

Observations officers use to designate if a defendant is "high" include:

• A person’s driving.
• The mannerisms and conduct of the person.
• The person’s ability to pass normal sobriety tests like walking a line.
• The person’s ability to carry on a conversation.

As you can see, proof of drug influence is entirely up to the officer's testimony. This witness could be subjective or mistaken, purposefully or accidentally. Don't waste time reaching out to our Savannah drug DUI defense attorneys.

The Challenge of Proving Drug Impairment:

Unlike alcohol DUIs, where breathalyzers provide an immediate BAC reading, detecting and proving drug impairment is significantly more complex for several reasons:

• No Universal "Limit": With the exception of certain per se limits for drugs with no lawful use, there isn't a standardized "legal limit" for most drugs like there is for alcohol (0.08% BAC). The prosecution must often prove actual impairment.
• Metabolites vs. Active Drugs: Blood or urine tests may detect drug metabolites (breakdown products) that can remain in your system long after the intoxicating effects have worn off. The mere presence of a metabolite does not necessarily mean current impairment.
• Drug Recognition Experts (DREs): Law enforcement often relies on officers trained as Drug Recognition Experts (DREs). These officers conduct a 12-step evaluation process, including eye exams, vital sign checks, and psychophysical tests, to determine if a driver is impaired and, if so, which category of drugs might be causing the impairment. The scientific validity and interpretation of DRE evaluations are frequently challenged by a skilled DUI with drugs attorney in Savannah.
• Chemical Tests (Blood/Urine): While preliminary breath tests are common for alcohol, blood or urine tests are typically required to detect drugs in a driver's system. Georgia's implied consent law covers both alcohol and drugs, meaning that by driving, you implicitly consent to such tests if there's probable cause. However, refusing a drug test can carry distinct penalties.

Understanding these complexities is where a dedicated DUI with drugs attorney in Savannah proves invaluable.

Penalties for Driving Under the Influence of Drugs in Georgia

The penalties for driving under the influence of drugs for the first time often mirror those for alcohol-related DUI offenses.

Potential penalties include:

• Fines of up to $1,000.
• Possible maximum of 12 months in jail.
• At least 40 hours of community service.
• DUI or drug school program completion.
• Substance abuse treatment program.
• Up to 12 months of probation.

Fighting Drug DUI Charges in Savannah

A DUI with drugs charge is not an automatic conviction. There are numerous defense strategies that a skilled Savannah DUI with drugs lawyer can employ to challenge the prosecution's case, protect your rights, and work towards a favorable outcome, whether that's a dismissal, a reduction in charges, or a not guilty verdict at trial.

As in other DUI cases, evidence supporting the prosecution can be challenged on the following grounds:

• Improper search and seizure.
• Improper traffic stop.
• Lack of probable cause.
• Problems in the chain of custody of evidence.
• Improper administration of field sobriety tests.
• Improper administration of chemical tests.
• Failure to read Miranda rights.

Putting Forth Maximum Effort To Obtain Optimal Results

If you or someone you know has been charged with driving while under the influence of drugs, please contact Schneider Lerch, LLC as soon as possible. Your initial case review is free, and our Savannah drug DUI defense lawyers are skilled at identifying weak points in the prosecution’s case and fighting to defend your rights and your freedom. 

Understanding your unique situation and crafting a strategy tailored to the specifics of your case is paramount. With a deep understanding of local DUI laws and extensive experience in criminal defense, our legal team is committed to safeguarding your future while providing the legal support and advice you need during this challenging time.

Call Schneider Lerch, LLC at (912) 417-5008 or contact us online today.

Frequently Asked Questions About DUID Charges in Savannah

What Should I Do If I'm Pulled Over for Suspected DUID in Savannah?

Stay calm, remain polite, and follow the officer’s instructions without volunteering extra information. Avoid admitting to any drug use or medical conditions. You have the right to remain silent and to speak with a lawyer—exercise both. Georgia’s implied consent law requires drivers to submit to chemical testing; refusal can lead to license suspension. Contact a Savannah-based DUID attorney immediately after the stop to protect your rights and begin building a defense.

Can I Be Charged with DUID for Prescription Medications?

Yes. Even legally prescribed drugs can result in DUID charges if they impair your ability to drive safely. Georgia law does not differentiate between legal and illegal substances when impairment is involved. A valid prescription is not a defense by itself—your lawyer must argue that you were not impaired or that testing procedures were flawed.

Is Marijuana Treated the Same as Other Drugs in DUID Cases?

Yes. In Georgia, marijuana—even if used legally in another state—can lead to DUID charges if impairment is suspected while driving. Prosecutors don’t need to prove a certain THC level, only that you were "under the influence." We frequently challenge these cases by questioning drug recognition expert (DRE) findings and the reliability of non-standardized field tests.

Can I Refuse a Drug Test During a DUID Stop?

You can refuse, but Georgia’s implied consent laws mean refusal may result in a one-year license suspension and can be used as evidence against you in court. It's crucial to consult with a lawyer immediately to understand your rights and whether the test refusal was handled lawfully.

What Happens After a DUID Arrest in Savannah?

You will likely face arraignment, potential pretrial hearings, and possibly trial. During this process, your attorney will evaluate the evidence, challenge unlawful police procedures, and negotiate with the prosecution. The legal process is complex, but Schneider Lerch, LLC ensures you're fully informed and well-defended at every stage.

Can a DUID Charge Be Dismissed or Reduced?

Yes, depending on the circumstances. If law enforcement made procedural errors, or if evidence of impairment is weak or improperly collected, charges may be reduced or dismissed. Our firm thoroughly investigates all arrest details and toxicology reports to expose any legal flaws or inconsistencies in the state’s case.

Call us at (912) 417-5008 or use our online contact form.