Any arrest and prosecution, especially for DUI-drugs, is a frightening experience. Hopefully, this post makes this experience a little less frightening.
These arrests are especially common in Georgia, because The Peach State has a very broad DUI-drug law, much like the law in California. In 2015, the Solano County District Attorney charged a man with driving under the influence of caffeine. The state subsequently dropped the charge, but the fact that the case went to court testifies to the broad nature of the law in California and Georgia.
So, under Georgia Cide 40-6-391, you [probably have several impairing substances in your medicine cabinet, pantry, and/or refrigerator at this very moment.
Of all misdemeanors, DUIs and drug cases usually have the worst direct and collateral consequences. Since a DUI-drug case combines these consequences, a good Marietta criminal defense attorney is essential in these situations. Your lawyer must have experience with DUI-drug cases, have a track record of success, and perhaps above all, be committed to you. Lawyers who lack these qualities usually look for a quick settlement or an easy way out.
What Happens After a DUI-Drug Arrest in Georgia?
Many law enforcement agencies have cite-and-release policies in most drug cases. However, most law enforcement agencies have mandatory DUI arrest policies. If officers have probable cause to believe the defendant is operating a vehicle under the influence of a substance to the extent that it is less safe to drive, officers must cuff ‘em and stuff ‘em.
Fortunately, since DUI is a nonviolent crime, all three forms of immediate jail release are usually available. However, it’s complicated.
- Pretrial Release: Defendants who are charged with nonviolent offenses, pay small fees, and adhere to release contracts are released before trial. DUI is technically a nonviolent crime, but the risk to the community is considerable, at least in the eyes of many.
- Cash Bail: In many cases, DUI-drugs is essentially two offenses in one (driving under the influence and drug possession). Multiple charges often at least double the amount of cash bail. As a result, the easiest and most expensive jail release option is off the table for many families.
- Bail Bond: The same dynamics affect the price of a bail bond, which is essentially an insurance policy. Furthermore, because the risk is higher, many bail bond companies add additional fees, especially if the defendant doesn’t have a Marietta criminal defense lawyer.
DUI-drug bail is not only more expensive than regular DUI bail. The aforementioned release contracts are usually more restrictive. An Ignition Interlock Device requirement is a good example.
IIDs are essentially mini breathalyzers attached to vehicle ignitions. The driver must provide a breath sample below a certain level, usually 0.04, to start the vehicle.
IIDs also drive up the cost of jail release in Cobb County. Defendants must pay for installation, monthly monitoring, repair, removal, and most other IID costs.
A Marietta criminal defense lawyer can often remove this requirement in a bail reduction hearing. IIDs detect alcohol levels. Since a DUI-drug defendant was under the influence of a substance other than alcohol, an IID is arguably unnecessary, because it guards against a nonexistent problem.
What Are the Best Defenses to a DUI-Drug Charge in Georgia?
Once the defendant is out of jail, a Marietta criminal defense attorney is free to focus on the DUI-drug case itself. These matters, like most other criminal matters, generally have procedural and/or substantive defenses.
Procedural Defenses in Georgia DUI-Drug Cases
Illegal stops, illegal test performances, and illegal indirect interrogations may be the most common procedural defenses in DUI-drug matters.
Officers must generally have reasonable suspicion of criminal activity to detain motorists. Mere conjecture, even if that conjecture is accurate, is insufficient.
Furtive movements are a good example. These driver movements include making nervous glances into the rear-view mirror, moving rapidly as if the driver is hiding something, or attempting to conceal an object between the seat and center console. These movements certainly suggest the driver is up to no good.
However, from a legal standpoint, these movements don’t establish reasonable suspicion, unless the motorist also speeds, isn’t wearing a seat belt, drives erratically, or commits another traffic or criminal law violation.
The stakes are higher after the officer instructs the driver to step out of the car. Poor performance on field sobriety tests must give the officer probable cause to believe that the driver is under the influence of a substance. More on that below.
Interrogations in the field or at the stationhouse are illegal unless the officers read the Miranda rights to the defendant in a language s/he understands. Frequently, when jail administrators question defendants, they assume field officers read the Miranda rights. That assumption might or might not be true.
Defenses to the Evidence of Drug Impairment
There’s no breath test for prescription painkillers or other drugs. So, to prove the “less safe” element of a DUI, prosecutors must normally rely on field sobriety test results. A good Marietta criminal defense lawyer chips away at this proof.
- Horizontal Gaze Nystagmus Test: Alcohol and many other substances cause eye nystagmus. So does a childhood brain injury and other events unrelated to intoxication.
- One-Leg Stand: Many substances make people edgy and nervous. But many edgy and nervous people are also safe drivers. A different gear takes over when they get behind the wheel.
- Heel to Toe Walk: Roadside HTW tests are inherently unreliable. The defendant must walk heel to toe in non-athletic shoes over an uneven surface while disorienting squad car lights flash in the distance.
To drive home these difficulties, a Marietta criminal defense lawyer often partners with a medical doctor or other expert witness. This expert often also rebuts testimony from the prosecutor’s drug recognition expert (DRE). Without such rebuttal testimony, the DUI-drug conviction rate increases significantly.
A good lawyer leverages these defenses during plea negotiations to reduce, or eliminate, the harsh direct and indirect consequences of a DUI-drug conviction.
DUI-drug cases are very different from other criminal cases. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Convenient payment plans are available.
Frequently Asked Questions About DUI-Drug Charges in Georgia
Can you get a DUI in Georgia for prescription drugs?
Yes. A DUI-drug charge is not limited to illegal drugs. A person may face a DUI charge after taking prescription or over-the-counter medication if the state alleges that the substance impaired the person’s ability to drive safely. Having a valid prescription does not necessarily resolve the question of impairment.
How do police determine if someone is under the influence of drugs?
Officers may rely on observations of driving behavior, physical appearance, statements made by the driver, field sobriety tests, chemical testing, and other evidence gathered during the investigation. In some cases, a specially trained Drug Recognition Expert (DRE) may also participate in evaluating suspected drug impairment.
Can you be charged with DUI-drugs without failing a breath test?
Yes. Breath testing primarily addresses alcohol and does not detect many drugs that may be involved in a DUI-drug investigation. Prosecutors may instead rely on field sobriety testing, officer observations, blood or urine testing when applicable, statements, and other evidence to attempt to establish impairment.
Can you be charged with both DUI and drug possession in Georgia?
Potentially. If officers allegedly find an illegal or unlawfully possessed controlled substance during a DUI investigation, the circumstances could result in separate DUI and drug-possession charges. However, the prosecution must establish the required elements of each offense, and possession itself can sometimes be disputed.
Can field sobriety tests be challenged in a Georgia DUI-drug case?
Yes. Field sobriety test results are evidence and may be challenged based on how the tests were administered and the circumstances under which they were performed. Medical conditions, medications, injuries, nervousness, footwear, road conditions, lighting, and other factors may also affect a person’s performance.
What should I do after being arrested for DUI-drugs in Georgia?
Take the charge seriously and avoid discussing the details of the case with people other than your attorney. A criminal defense lawyer can review the reason for the traffic stop, the officer’s observations, field sobriety testing, chemical-test evidence, statements made during the investigation, and whether law enforcement followed applicable procedures. Acting promptly may also be important when the arrest creates separate driver’s-license issues.
DUI-drug cases can move quickly after an arrest. If you were arrested for an alleged drug-related DUI in Cobb County, Bartow County, Cherokee County, orPaulding County, the procedures and court handling of your case may depend on where the arrest occurred. A Georgia criminal defense attorney can review the traffic stop, field sobriety testing, chemical testing, statements to police, and other evidence used against you.
