Ellijay DUI Drug Lawyer

DUI Drug Attorney in Ellijay

If you have DUI drug charges in Ellijay, do not underestimate the potential consequences you are facing. An experienced Ellijay DUI drug lawyer can fight for you and protect your rights. Do not delay in hiring an attorney, as a charge for DUI has strict deadlines regarding your driving privileges.

Hire a DUI Drug Lawyer Who Knows Ellijay

The trusted legal team at Sevcech Law prioritizes client advocacy. Our effective approach to criminal defense involves scrutinizing the evidence against you and evaluating each step of the investigation conducted by law enforcement to determine if you may have any legal defenses to the charges you are facing. Sevcech Law works in Ellijay Courts including Ellijay Municipal, East Ellijay Municipal Court, Gilmer County Probate Court and Gilmer County Superior Court on a weekly basis and is familiar with the prosecutors and Judges that are assigned to your case.  Let us protect your rights and advocate for you and present your best possible defense.

Small-Town DUI Drug Case Experience

A conviction for a DUI drug in Ellijay can have long-lasting effects on your life. Those convicted of DUI drugs may face impacts to their driver’s license, work opportunities, and ability to travel, just to name a few. This is in addition to court requirements such as community service, a drug and alcohol evaluation, risk reduction school (commonly referred to as DUI school), a victim impact panel and fine and fees.

An experienced DUI drug attorney will evaluate your case and each step of the investigation conducted by law enforcement to determine if any legal defenses exist to argue on your behalf. Critical examination of each phase in a DUI investigation is imperative to present your best defense. This investigation includes, but is not limited to:

• the basis for your stop
• any clues observed or not observed during your stopping sequence (the length of time to stop the vehicle, the location chosen by the driver to stop the vehicle, etc.)
• the officers initial encounter with you including clues reportedly observed or not observed and whether these same reported clues can be confirmed by dashcam or body cam video (blood shot eyes, slurred speech, driver’s physical appearance, or the driver’s ability to listen and follow instructions such as providing their driver’s license or insurance information with ease)
• any clues observed or not observed by the investigating officer during the exiting sequence of the investigation (whether the driver uses the door or car to steady themselves when exiting, unsteadiness, ability to maintain balance, etc)
• any field sobriety testing requested by the officer and whether those tests were proper when investigating an individual for a charge of DUI drugs
• the driver’s performance on field sobriety testing including the observations noted by the officer and whether the same are observed on video evidence
• the officer’s instructions of field sobriety testing;
• whether any conditions exist that would affect or prevent the driver from being able to adequately perform field sobriety testing (the age and health of the driver, the condition and slope of the ground where testing is performed, etc.)
• whether the Georgia Implied Consent Notice was properly read to the driver and whether the notice was given in a timely manner following the arrest of the driver
• whether the driver voluntarily submitted to any requested state testing
• review of any and all testing conducted including any recent calibrations on machinery and proper certifications of the individuals performing said testing
• review of any GBI crime lab results if blood or urine was collected during your investigation
• review of officer training records and whether the investigating officer has ever received any disciplinary action

Defending a DUI drug case requires intricate knowledge and experience to present your best possible defense. Each case is different and every piece of evidence must be scrutinized and evaluated. Sevcech Law is experienced in DUI drug defense and will fight for you.

DUI Drug Laws in Georgia

Georgia’s DUI statue is O.C.G.A. § 40-6-391 and includes offenses related to driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. The State does not need to allege a certain amount of drugs in your system at the time of the stop. The State can alternatively allege regardless of the amount of drugs or alcohol in your system, you were less safe to operate a motor vehicle. DUI drug cases can include allegations of impairment by:

• prescription drugs
• over-the-counter drugs
• illegal drugs
• vapors or glue
• marijuana

There is a common misconception that a driver cannot be charged with DUI drugs if a medication is legally prescribed or obtained over the counter. This is false. Many drivers every year in Ellijay, East Ellijay or Gilmer County are charged with DUI drugs due to legally prescribed medication, such as pain relievers, anxiety medication, methadone, or even medications obtained over the counter such as cough medicine, Benadryl or other allergy and cold medications.

Unlike a DUI alcohol charge where the legal limit for the State of Georgia is .08 for driver’s over the age of 21 operating a non-commercial vehicle, there is not quantifiable limit for DUI drug cases and the State is required to prove that the influence of a drug caused you to be a less safe driver.

If blood is collected in your DUI drug case whether by consent or through a warrant, it is important for your DUI drug attorney to examine these results provided by the GBI crime lab to determine the existence of active versus inactive metabolites. For example, marijuana can stay in the body for a significant period of time, long after a driver may be impaired by said marijuana. This is the difference between active and inactive metabolites in the blood or urine. A positive blood or urine test does not automatically mean the driver was impaired by that substance at the time of the stop. This is why evaluating each step of your DUI investigation is imperative to forming your defense.

Field Sobriety Testing in a DUI Drug Case

Once a driver has been suspected of driving under the influence of drugs, an investigating officer will likely request the driver to submit to field sobriety testing. These tests often include:

1. Horizontal and Vertical Gaze Nystagmus (HGN and VGN)
2. Walk and Turn Test
3. One Leg Stand

Other testing includes:

1. Lack of Convergence Test
2. Modified Romberg Test
3. Finger Pat Dexterity Test
4. Reciting the Alphabet from a specific starting and ending letter

Georgia DUI Drug Penalties

Below are the potential penalties if you are convicted of a first, second, and third DUI drug charge:

• First DUI: A fine of $300-$1,000; 40 hours of community service; 12 months on probation; a minimum of 24 hours in jail, DUI school, and a drug and alcohol evaluation. Your driving privileges may be suspended for a period of time up to 1 year, but you may have the opportunity to obtain a limited permit to drive depending on the facts and circumstances of your arrest, including your age at the time of your arrest and whether you submitted to state requested chemical testing.
• Second DUI: A fine of $600-$1,000; 30 days of community service (240 hours); 12 months on probation; a minimum of 72 hours in jail, DUI school, and a drug and alcohol evaluation. After a second conviction for DUI, your license will be suspended and you will likely face a period of time where no limited permit is available, followed by a period of time where installation of an interlock device is required to operate your motor vehicle. In addition, a conviction for DUI drugs as opposed to DUI alcohol or DUI less safe may result in stricter consequences to your Georgia Driver’s License.
• Third DUI: A fine of $1,000-$5,000; 30 days of community service (240 hours); 12 months on probation; a minimum of 15 days in jail, a drug and alcohol evaluation, DUI school, a surrender of your license plate and your name and picture published in your local newspaper. If you are convicted of 3 DUIs in less than 5 years, the Department of Driver Services will determine you are a habitual violator, resulting in serious consequences to your Georgia Driver’s License, which will include a 5-year suspension, including a two year hard suspension with no driving and a three-year work permit with ignition interlock.

Keep in mind, a refusal to submit to requested state chemical testing such as blood or urine in a DUI drug case may result in a one-year administrative license suspension with no work permit available. This is why it is imperative to contact an experienced Ellijay DUI drug attorney immediately following your arrest.

If you are arrested for DUI in the city of Ellijay, East Ellijay or Gilmer County, you will be taken to the Gilmer County Jail in Ellijay located on Highway 52. Call an Ellijay DUI drug lawyer right away for a free consultation.

FAQs

Is DUI Drugs a Felony in Georgia?

A DUI drug charge can be either a misdemeanor or a felony. If it is the first, second, or third subsequent DUI drug conviction within 10 years, without any aggravating factors, it is a misdemeanor charge. However, a fourth DUI charge within 10 years can be charged as a felony.

Is it possible to have my DUI drug case dismissed?

While a dismissal is possible, an outright dismissal of your DUI drug charge is unlikely. While cases do get dismissed in certain circumstances, the outcome of your case laregely depends on the the evidence available in your case and whether any legal defenses exist in your case. A charge is more likely to be reduced rather than dismissed. While a prosecutor does have the discretion to dismiss your charge, most often times a dismissal of the charges or a verdict of not guilty will come from a bench trial or jury trial or a motion argued on your behalf.

How Long Does DUI Stay on a Record in Georgia?

A Georgia DUI stays on your criminal record forever. It cannot be expunged, pardoned, or sealed. However, when determining the minimum consequences for your DUI conviction, the number of DUI convictions in a 10 year period is determined and the number of DUI convictions in 5-years is determined regarding your privilege to drive. DUI convictions remain on a background check forever. If the charges against you were dismissed or you were acquitted, you may be eligible for record restriction.

Connect With an Ellijay DUI Drug Lawyer With Experience in North Georgia

Even legal prescription medication can result in an Ellijay DUI drug case. If you’re facing a DUI drug case in Gilmer County, you need an aggressive Ellijay DUI drug lawyer to represent you. Contact Sevcech Law right away to get a head start on your Ellijay DUI drug defense.