As we have discussed before, driving under the influence of drugs can be the basis for a DUI charge. Cocaine, unlike some other drugs, can be the basis for a DUI – Per Se charge. That means that the State can allege a violation of Georgia DUI law through simply have cocaine in your blood, urine, or other bodily substance. Often times, I still see DUI drugs cases being prosecuted with DUI – Per Se charges when they could be. DUI Defense Lawyers need to be aware of this oversight, and take advantage of it. If you have a DUI – Less Safe charge only and the blood or urine test shows the presence of cocaine or any other drug, you have been presented with an opportunity. The State must show impaired driving ability as a result of the charge they have elected to proceed upon.
The presence of the cocaine metabolite, Benzoylecgonine, in and of itself is insufficient to establish impaired driving ability for the purposes of a DUI Drugs charge in Georgia. Benzoylecgonine, a cocaine metabolite, does not indicate impairment – driving or otherwise. Benzoylecgonine metabolites can also be produced as a result of the use of some herbal teas. If you have been charged with DUI drugs in Georgia, contact a qualified Georgia DUI defense lawyer to discuss your case.
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