WHAT YOU NEED TO KNOW ABOUT GEORGIA DUI DRUGS CASES

We have previously written about the different types of DUI charges in Georgia. DUI drugs casesare becoming more common in Georgia. Unfortunately, many lawyers handling DUI drugs cases really don't have experience with the evidence that must be prepared to challenge in these cases. Many aspects of the DUI drugs case, particularly the quasi-“scientific” field sobriety tests, are different than the field sobriety tests you may see in an alcohol-related DUI case.

1. There is no per se blood or urine test limit for a DUI based upon prescribed medications or marijuana. Many prosecutors and state toxicologists will attempt to argue that the suggested therapeutic ranges create per se DUI limit for prescription drugs. Anticipate this argument and testimony at trial.
2. There is no validation study for the use of the horizontal gaze nystagmus (HGN) test in DUI drugs cases. There is no case in Georgia approving of the use of HGN evidence under the Harper standard in Georgia.
3. A Harper challenge should made as to the admissibility of lack of convergence, romberg, and pupil size evidence in DUI drugs cases.
4. DUI drugs cases are generally much more defensible (winnable) than DUI alcohol cases. There are numerous reasons why that is the truth, but it is just important that you recognize that there are some very good reasons to challenge these cases. In this post, I am going to discuss some of the reasons why I really like defending these cases.
5. There are commonly mistakes in the charging instruments in DUI drugs cases. In Georgia, there are distinct differences in the DUI drugs less safe statute and the DUI drugs per se statute. Look for the inclusion of “metabolites and derivatives” in a DUI less charge. This presents a great basis for a demurrer to the language of the accusation/indictment.

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