Georgia DUI laws allow police to charge drivers with marijuana DUI if there are traces of THC or its metabolites in their system, even if no impairment can be demonstrated at that moment. Such residue can remain for weeks after exposure.

Experienced DUI lawyers can successfully defend a DUI case by challenging test results, disputing impairment claims or exploiting procedural loopholes.

Per Se Laws

Many states, including Georgia, define driving under the influence (DUI) with marijuana just like intoxication with alcohol. Therefore, any individual found guilty of DUI Marijuana faces the same 3-6-year license suspension that would apply if found intoxicated with alcohol.

Georgia law permits police officers to stop you if they detect the scent of marijuana in your car, and may ask that field sobriety tests be taken during their initial interaction.

An experienced DRE will conduct a standard drug evaluation. Based on their opinion and various specialized tests, this expert may determine that you are under the influence of cannabis despite no THC metabolites being present in your system. Scientific studies do not demonstrate any direct relationship between THC levels and impaired driving risk.

Field Sobriety Tests

Although establishing an impairing blood-THC level remains an open debate, law still mandates field sobriety tests when there is reasonable suspicion that someone is impaired by marijuana during traffic stops. Officers might note swaying, eyelid flutters or body tremors which indicate impairment by marijuana as evidence that these signs could point to impairment.

These tests include the Modified Romberg test (in which an individual tilts back their head, closes their eyes and estimates 30 seconds have passed), but panelists noted that one might fail these tests due to physical injuries or medical conditions other than marijuana impairment.

Once these tests have been administered, a GBI blood test will be offered to verify the presence of THC or its metabolites in an individual’s system. Unfortunately, current GBI blood tests don’t differentiate between THC and 11-OH-THC (or its metabolite THC-COOH), meaning any drug detected could be used against them as evidence against DUI drugs even if legally prescribed by their physician.

Breath Tests

As previously discussed, Georgia DUI laws allow police officers to make stops based on any reason which gives them probable cause, including even just the slightest whiff of marijuana. When conducting their initial search for drug evidence they could use even just that scent alone as probable cause; then if they detect 11-OH-THC or THC-COOH in your system as well as toxicologist testimony that a certain level of THC impairs executive function they could arrest you for DUI-marijuana.

Drug DUIs differ from alcohol DUIs in that they rely on observational evidence of impairment rather than blood test measurements, creating legal confusion and subjecting it to challenging legal interpretations. THC can remain in your system days or even weeks after last using marijuana and as such completely sober drivers could still be arrested and charged with DUI-marijuana based solely on having its metabolites present in their bodies from days earlier.

Urine Tests

If a DRE suspected that you were under the influence of marijuana, blood or urine samples are taken for analysis. THC metabolites may remain detectable in your system for weeks after smoking has taken place and negative lab results could bolster their opinion that you were not impaired.

As opposed to DUI cases involving alcohol, which require the State to prove you were less safe to drive compared to a driver with no illegal substances in their system, Georgia marijuana DUI laws impose a per se limit OCGA 40-6-391(6); thus requiring courts to convict anyone found possessing any trace amount of THC or its metabolites present in their systems as evidence of intoxication by drugs.

Police use the Modified Romberg test to look for signs that marijuana use might be present, including sway, eyelid flutters, body tremors and an inability to estimate time passing within 30 seconds – symptoms commonly caused by cannabis. A positive result will often be followed up with charges of drug possession (or hemp products if under 21) being filed against drivers after going out for the night.