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What is the Legal Limit for Driving under the Influence of Drugs in Atlanta?

Topic: Legal ServicesPublished September 23, 2011

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In the state of Georgia, it is illegal to operate a motor vehicle while under the influence of an intoxicating substance that will impair your ability to drive. That includes alcohol, illegal drugs -- such as cocaine, crack cocaine, heroin, marijuana, and methamphetamines – as well as prescription drugs.

Driving Under the Influence of Illegal Drugs

Drugs are illegal, so Georgia has zero tolerance for driving while under the influence of drugs; this is an automatic "per se" violation. That is in contrast with alcohol, where it is legal to consume but illegal to drive while intoxicated.

Driving Under the Influence of Alcohol

Alcohol is the more common form of impairment while driving. In the state of Georgia, there are two types of DUI violations: "less safe" and "per se." If you are over the legal limit (which is 0.08%), you will automatically be charged with a "per se" violation because you are in breach of the law. However, do not think that you test under 0.08% you are not in jeopardy of a possible DUI charge. If the officer deems that you were a danger to others on the road, you could be charged with a "less safe" violation (typically those stopped for suspicion of DUI and test between 0.05-0.08%). A jury will then decide, based on the evidence, if you will be convicted of DUI.

Driving Under the Influence of Legal or Prescription Drugs

Most people know they cannot drive drunk or high on illegal drugs. But what about a prescription drug?
In Georgia, even if you have a valid prescription for some type of medication and are stopped for suspicion of driving under the influence you may still be arrested and charged with DUI. The real issue is not whether you have a prescription, but whether you are a danger to yourself and others.

Where to Go For Help

Regardless of whether you are charged with DUI resulting from illegal drugs, alcohol, or prescription drugs, it is important to retain the services of a skilled Atlanta DUI attorney. DUI convictions have long-reaching ramifications associated with them that extend far beyond a courtroom and any subsequent punishment (e.g. jail time, probation, exorbitant fines, etc.) as a result. Your professional life can be affected, as well as your personal life. There is a stigma associated with people convicted of DUI. Employers may be reluctant to hire a person who has a criminal record. Jobs that required driving will most likely be forever out of your reach.

The Ford Law Firm can help. They have a team of compassionate, aggressive, and experienced Georgia criminal defense lawyers who will see you through to a resolution of your case. The firm is centrally located in Alpharetta but they represent clients throughout the state of Georgia.

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