Many people, even some DUI attorneys, believe that a DUI Drug charge is impossible to fight. If there is a blood test that reveals the presence of drugs, you may think that you have no chance to fight the charges, but this isn’t the case at all. An experienced attorney, such as one of those at Thomas, Webb, and Willis, will examine your specific case and all of its details. No matter the case, it is always possible to mount a defense. Hiring a good DUI lawyer in Atlanta will give you the best chance to contest the charges against you and have them dismissed or reduced.
If you have been charged with DUI Drugs, it is very important that you understand how the law in Georgia actually treats these types of situations. One thing to remember: The law DOES NOT say that you are automatically guilty if you have drugs in your system. According to the Georgia DUI statute, it is only illegal to drive under the influence of a drug if the drug makes the person incapable of driving safely.
In order for the court to find you guilty, the state of Georgia must prove more than that you had drugs in your system. The state must also prove that those drugs made you a less safe driver.
Generally, a police officer will use a combination of methods to determine if your drug use made you an unsafe driver. He will observe your driving, make note of your behavior and mannerisms during the stop, and ask you to complete some field sobriety tests. After you have been arrested, the officer will also have you take a blood test to find chemical evidence of the drug.
Most officers are not specially trained to identify drug use or determine when it is or is not safe. In addition, field sobriety tests are designed to test alcohol impairment, not drug impairment. It is obvious that many drugs affect your body in ways that are very different than alcohol. These tests are not always an effective way to measure that.
Field sobriety tests also have very strict standards and procedures. If the officer did not follow the correct procedures, it calls into question the accuracy and the effectiveness of the test. With an experienced DUI attorney, you will be able to identify if the test was done correctly or not.
Even if you do have traces of a drug in your system, that does not automatically mean you are guilty. For example, marijuana leaves two types of active and inactive metabolites in your blood. The active metabolites affect your ability to drive, but these fade away after only a few hours. Inactive metabolites do not affect you and will remain in your body for weeks.
It’s important that you find a DUI attorney who can examine your test results and determine if they prove that you were impaired. Although Georgia has a state blood alcohol limit, there is no legal limit for drugs. If the drugs are in your system but are not impairing you, then it is not a DUI.
When looking for a DUI attorney, it is very important that you select one that has experience with DUI Drug cases and also has experience taking these cases to trial. At Thomas, Webb, and Willis, our attorneys will do everything they can to effectively defend you. We will not simply negotiate for plea deals. We will fight to get your charges dropped or reduced and provide you with legal expertise you deserve. Schedule a consultation with us today be calling 404-250-1113 or you can fill out or free consultation form here.