Ooltewah, TN asked in DUI / DWI for Georgia

Q: In a dui ...dring under the influence of drugs do they have to test you for the drug

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2 Lawyer Answers
Michael D. Barber Jr.
Michael D. Barber Jr.
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In Georgia, They will usually test under the DRE (drug recognition expert) guidelines for field sobriety examinations. However, They don’t have to test for the specific drug itself as there is no requirement for that.

Sean McIlhinney agrees with this answer

Sean McIlhinney
Sean McIlhinney
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Norcross, GA
  • Licensed in Georgia

A: This is an excellent question.

The simple answer to your question is No, the State is not required to test a Defendant for drugs in order to charge or prove a DUI Drugs case. Generally speaking, if the State does not have a positive drug test, the State will normally try to prove a DUI Drugs case through a field sobriety test performed by a Drug Recognition Expert (DRE)

An experienced Georgia DUI defense attorney is able to evaluate your case and all of your potential defenses after speaking with you and reviewing your police report and video of the officer's investigation including field sobriety test.

I have been practicing DUI and criminal defense law in GA for over 20 years.

Please feel free to call me to discuss your specific situation and I can give you my complete case evaluation and fee quote after discussing the case with you in detail.

My contact details are set out below.

Sean McIlhinney, Esq

Email: sean@ms-firm.com

Cell: 404-932-3099

Office: 678-387-6920

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