In Clayton County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that impairs one’s ability to drive safely.

Unlike alcohol, where a specific blood alcohol concentration (BAC) limit is set, marijuana impairment is evaluated based on the ability to drive safely. If a law enforcement officer suspects impairment, they may arrest the driver.

1. Standard Field Sobriety Evaluations (SFSEs):

In the event of a marijuana-related DUI investigation, law enforcement officers may administer field sobriety tests to determine if a driver is impaired. However, SFSEs (such as the Walk-and-Turn or One-Leg Stand tests) are primarily designed to assess impairment from alcohol or other substances that affect motor coordination and balance. These tests are less reliable for marijuana impairment because marijuana’s effects can vary widely depending on the individual and are different than the effects of alcohol.

2. Drug Testing:

A key aspect of marijuana DUI cases in Georgia is drug testing, which typically involves a blood test to detect THC, the psychoactive component of marijuana. An officer can collect your blood if you 1) agree to a blood draw or 2) a search warrant for your blood is issued. THC can remain in the bloodstream for days, weeks, or even  months after marijuana use, long after any impairment. This creates a challenge for prosecution- just because you test “positive” for THC does not mean you are impaired at the time of the drug test or blood draw, nor does it mean you were impaired while driving. However, the presence of THC in the blood can be used as evidence of marijuana use, but it does not definitively prove impairment at the time of driving.

3. Possible Defenses in a Marijuana DUI Case:

No Impairment at Time of Driving: The most straightforward defense is arguing that the driver was not impaired while driving, even if marijuana was detected in their system. If the defendant was not showing signs of impairment (e.g., not swerving, not exhibiting erratic driving behavior), this could be a strong defense.

Challenge to Field Sobriety Test Results: As mentioned, FSEs are not be a reliable indicator of marijuana impairment. Standard field sobriety evaluations were designed for alcohol impairment. To date, there are no scientifically backed evaluations to detect marijuana impairment.

While the laws surrounding marijuana DUI in Georgia are the same throughout the state, Clayton County is more likely to see DUI cases involving marijuana due to its larger population and the prevalence of law enforcement agencies in the area, especially with Atlanta Police Department. DUI cases in Clayton County are generally handled by whatever municipality you are initially arrested in (Morrow, Riverdale, etc) as well as the State Court of Clayton County. If you are arrested for marijuana DUI in Clayton County, it is critical to hire a skilled DUI defense attorney who is familiar with local court procedures and the nuances of marijuana-related DUI cases.