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Drug Offenses and DUI-Contraband
Heroin being injected
While a DUI offense involving drugs may be prosecuted
by the State even where the drugs are prescribed by a physician,
special rules apply to DUI-contraband cases. These cases involve
illegal substances (marijuana, cocaine, heroine, etc.) in
the driver's blood system. The DUI offense here is based upon driving
while having an unlawful substance in your blood system. Although
this issue is currently on appeal, the prosecutor is not currently
required to prove impairment caused by the illegal contraband
drugs in your system. Mere proof of the presence of a contraband
substance or its "metabolites" is sufficient to render a conviction.
However, recent case law (Love v. State) holds that if a
person has marijuana present in his/her system, the State must prove
that the person was rendered incapable of driving safely as a result
of using the marijuana. This is true because someone could legally
have traces of marijuana in his or her bloodstream (e.g. coming
into Georgia on a flight from Amsterdam where use of marijuana is
legal), so that the law is overly broad in its scope.
Beyond the misdemeanor DUI-contraband penalties
set forth above, Georgia law has other more punitive statutes for
possession of drugs when marijuana or other drugs are found
in a vehicle or someone's pocket. A "possession" offense may be
committed by a person driving a car, or by a person not operating
a car. Other drugs are often found in the person's pockets or in
the vehicle. As covered hereafter, your driver's license can and
will be suspended upon a guilty plea or a conviction for possession
of drugs, EVEN IF you were not driving when arrested.
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