Section 40-6-391 – Type of DUID Law: Zero Tolerance (Per Se) controlled substances O.C.G.A. Section 40-6-391
(a) (a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs
(1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection
(b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. Type of Drugs Prohibited: Any drug, glue, aerosol or other toxic vapor, marijuana, or any controlled substances
Georgia DUI laws are not limited just to alcohol. Anyone who operating a motor vehicle while impaired by drugs, whether they are illegal or validly prescribed or even over-the-counter, can be charged with a DUI (driving under the influence).
** Reference—A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs
Marijuana use in vehicle
- Georgia does not allow the recreational or medicinal use of marijuana.
