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Marijuana DUI Offenses in Marietta, Georgia

Marijuana DUI Offenses in Marietta, Georgia

Are you charged with driving while impaired by marijuana? Our Marietta GA marijuana DUI lawyer has a track record of defending against these charges.

Impaired Driving and Marijuana

In the state of Georgia, if a driver was in control of a motor vehicle while under the influence of marijuana, they could be charged with drugged driving or DUI marijuana.

Being convicted of driving under the influence (DUI) of marijuana can significantly change your life. It could lead to a permanent criminal record, misdemeanor or felony charges, jail time, hefty fees, probation, a court-ordered drug education or treatment program, limited job opportunities, a high insurance rate, suspension of your license, and more. 

Facing a marijuana DUI charge in Georgia necessitates the experience of a seasoned Marietta GA DUI attorney, who can provide critical support and defense strategies. An attorney can challenge the traffic stop’s legality, the accuracy and methodology of THC testing, and the assumption of impairment based solely on the presence of THC in the system.

Potential Penalties in DUI Marijuana Cases

In Georgia, a DUI conviction for marijuana carries significant penalties that can have a profound impact on an individual’s life. 

For a first offense, penalties may include jail time ranging from 24 hours to 12 months, fines between $300 and $1,000, a minimum of 40 hours of community service, mandatory DUI school, and a 12-month probation period. The driver’s license suspension period is a minimum of 12 months, with the possibility of limited driving privileges after 120 days and completion of a DUI Drug or Alcohol Use Risk Reduction Program.

A second offense escalates the severity of these penalties, including longer jail time, higher fines, and an extended license suspension period. Additionally, individuals may face the installation of an ignition interlock device on their vehicle, increased insurance rates, and potential employment consequences, especially for those in professions requiring clean driving records or security clearances.

Penalties vary depending on several factors, including: 

  • Past DUI offenses
  • Whether you were involved in an accident
  • Whether you caused a serious or fatal injury
  • Whether a child under 14 was in the vehicle at the time of the arrest 

At Frye Law Group, we’ll do everything we can to pursue an optimal resolution for your specific situation, whether that means mitigating the legal penalties, reducing charges, or having your case dismissed. When you choose to work with our firm, you’re partnering with a former prosecutor who has the knowledge, skills, and resources available to aggressively defend your rights.

Call (770) 919-9525 or message us to schedule a free case evaluation with our marijuana DUI lawyer in Marietta, GA.

Georgia Marijuana DUI Laws

In Georgia, driving under the influence of marijuana is legally categorized alongside drunk driving (O.C.G.A. § 40-6-391). Perhaps most importantly, this means that Georgia’s “implied consent” rule, which grants law enforcement officers the right to test your blood or breath for alcohol, also gives them the right to test you for marijuana. 

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    Under this provision, it’s assumed that you consent to such tests simply by operating a vehicle within Georgia’s borders. Refusing a drug or alcohol test could result in the quick suspension of your license, along with other negative consequences. 

    However, marijuana differs from alcohol in significant ways. For one, traces of marijuana—specifically the compound known as THC—can stay in your system much longer than alcohol. In fact, marijuana tests can return positive for THC metabolites weeks after the psychoactive effects of the drug have subsided. 

    As a result, you can be charged with driving under the influence even if you weren’t actually operating your vehicle while impaired by marijuana or any other substance. 

    Let Our Marietta Marijuana DUI Lawyer Defend Your Rights

    Because marijuana tests are not reliable indicators of a driver’s ability to operate a vehicle, we strongly advise you to fight any marijuana-related DUI charges brought against you. Even though DUI charges and Georgia’s criminal justice system are intimidating, the penalties are far too harsh to simply admit defeat. 

    Although a blood test may have returned positive, it does not mean you’re guilty of driving under the influence. The state must also effectively prove that you were incapable of safely operating a vehicle. We can help you fight DUI charges on these grounds. 

    By leveraging their knowledge of Georgia’s DUI laws and the specifics of marijuana-related DUI cases, our attorneys can help you navigate the legal system to protect your rights, your future, and your freedom.

    Get the Relentless Defense You Deserve

    Our marijuana DUI lawyer, Attorney Kim Frye, will take aggressive steps to fight the charges brought against you, including: 

    • Questioning the validity of any drug tests administered at the time of your arrest or afterward
    • Scrutinizing the arresting officer’s reason for subjecting you to a drug test
    • Determining whether the officer had probable cause for pulling you over
    • Assessing all available evidence related to your case

    At Frye Law Group, LLC we have extensive knowledge of field sobriety tests and lab testing procedures, which makes us exceptionally well-equipped to fight DUI marijuana cases. 

    Contact us to discuss your case with our marijuana DUI attorney in Marietta. We accept clients from Cobb, Fulton, Cherokee, Bartow, and Paulding counties.

      What Should I Do If I Get Stopped For A DUI?

      Get The Relentless Defense You Deserve

      Our marijuana DUI lawyer, Attorney Kim Frye, will take aggressive steps to fight the charges brought against you, including: 

      • Questioning the validity of any drug tests administered at the time of your arrest or afterward
      • Scrutinizing the arresting officer’s reason for subjecting you to a drug test
      • Determining whether the officer had probable cause for pulling you over
      • Assessing all available evidence related to your case

       

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      What Our Clients Are Saying About Us

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      “”She got my charge reduced to reckless driving and since I had gotten all my requirements done, reduced fine and no probation! Kim is AWESOME!””

      – Former Client