It is possible to be charged with a DUI for driving while under the influence of drugs in Georgia. This is the case if you are impaired by drugs whether they are illegal, prescription, or over-the-counter. If you are facing DUI drug charges in Georgia, it is important that you retain the services of an experienced criminal defense attorney who understands the weight that charges such as these may have on your future. Our skilled criminal defense firm is prepared to assist you today.

dui drug charges

What is a DUI Less Safe?

A less safe DUI involves allegations that a driver has a drug or alcohol impairment that makes it less safe for them to drive. Essentially, a DUI less safe means that the individual is too impaired to drive. This can be from drunk driving or DUI Drugs. It is possible to receive a DUI less safe from a DUI-drugs, by being incapable of driving safely from any type of drugs: illegal, prescribed, or over the counter.

It is important to understand that it is still possible for the prosecution to charge and convict you of a DUI less safe even if you have refused to take a chemical test. The prosecutor does not have to prove that you have a certain amount of drugs in your system; they will use the following evidence of impairment:

  • Erratic driving
  • Bloodshot eyes
  • Dilated or constricted pupils
  • Slurred speech
  • Admission of drug use
  • Evidence of drugs in the vehicle

A person can be convicted of DUI Drugs in Georgia even if they have a lawful prescription. However, the person can only be convicted if they were deemed incapable of driving safely due to the drugs they had a prescription for.

What are the penalties for DUI Drugs in Georgia?

DUI drug charges are typically considered misdemeanors in Georgia. These misdemeanors can have the punishments of up to 12 months in jail and up to a $1,000 fine. The first conviction in 10 years will also include the following penalties:

  • 12 months of probation
  • 40 hours of community service
  • DUI school
  • Clinical drug and alcohol evaluation
  • Suspension of your driving privileges for up to 6 months

For a second DUI Drug conviction in 10 years, you may face the following consequences in Georgia:

  • Minimum sentence of 72 hours in jail
  • $600 fine
  • Probation for 12 months
  • 30 days of community service
  • DUI school
  • Clinical drug and alcohol evaluation
  • A “hard suspension” of your license
  • You will be unable to obtain a limited work permit


Steven Jones has helped hundreds of clients throughout the years, handling both injury and criminal matters across the state of Georgia. Whether you need an Atlanta personal injury lawyer or a fierce criminal defense attorney, we are ready to protect your rights and future. Contact Steven Jones Injury Law today.