Marijuana DUI in Georgia

Getting arrested for DUI Marijuana is very different from an alcohol related DUI arrest. Below is a brief summary of some factors and license suspensions that are involved in a Georgia DUI marijuana case:

Georgia code section for DUI marijuana O.C.G.A. 40-6-391 (A)(6) and subsection (b) read:
A person shall not drive or be in actual physical control of any moving vehicle while
...there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
The above is clarified in subsection (b) in part: 
such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely.

Being "incapable of driving safely" is a key part of marijuana DUI cases. The State prosecutors must show that a person is unsafe to drive because they have used or consumed  marijuana. Although it is likely that if someone uses a large amount of marijuana before driving that their driving skills may be affected, this is many times not the case after DUI arrest. Marijuana may have a strong odor after it is burned that may last for hours in a car or on a person's clothing or body. This evidence is frequently evidence of use and NOT EVIDENCE OF IMPAIRMENT. 

Evidence of Use of marijuana as opposed to evidence of impairment:

• Many times officers use the fact that they allegedly smell marijuana coupled with other factors to claim that someone is under the influence of marijuana such as red eyes or a yellow tongue. There are obviously many other factors that can cause red eyes and a yellow tongue such as being tired, contact lenses, eating a yellow piece of candy, gum, or any number of medical conditions.​​ Possession of marijuana in Georgia is also illegal. If a person has marijuana in their car or in their pocket, they are subject to being arrested for possession. Possession is a completely different and separate offense than DUI marijuana although the fact that someone is in possession of marijuana is frequently used against them in the DUI case.
• The key factor in marijuana DUI cases is that evidence of use does not necessarily indicate that a person is impaired by marijuana to an extent that renders them "incapable of driving safely." The State must prove beyond a reasonable doubt that the reason that a person in unable to drive safely is because they have used marijuana. No matter how much or how little marijuana someone has used, the amount must make them unsafe to drive to be convicted of DUI.
• The State must show that someone unable to drive safely is after they have used marijuana because there is no "legal limit" or "per se" amount of marijuana that must be in a person's blood or urine for them to be convicted of a marijuana DUI like in an alcohol DUI case where the legal limit is .08 g/L. 
• ​The CDC's webpage says that "it is unclear whether marijuana use actually increases the risk of car crashes." This is because officers do not have a method to determine what amount of marijuana is in a person's system at the time of arrest on the roadside. People also drive unsafely very frequently when there is no marijuana involved. According to articles the effects of marijuana typically begin to subside within 1 hour. Because evidence of "use" may last for hours or weeks  (in the case of a blood test) many people are arrested for DUI marijuana when most of the evidence obtained by the police officers indicates use not impairment.
• It is important to have a Georgia DUI lawyer that knows what evidence the State has/does not have/and needs to show in a Georgia marijuana DUI case. 

License Suspension for Marijuana DUI's
The license suspension for a 1st Marijuana DUI in Georgia is: 180 days. This is a hard suspension and there is no work permit available. You can read the code section for this license suspension here: O.C.G.A. 40-5-75.

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