Georgia drivers are likely aware that driving under the influence of drugs or alcohol can lead to legal trouble. However, the state of Georgia might soon legalize the personal use of marijuana, and marijuana is still considered to be an illegal drug on the federal level. Due to the vague wording of several laws, people who use marijuana may need to present a DUI defense in court. 

Here is where the matter gets a bit tricky. There is no specific limit of marijuana that must be found in a driver’s system, usually established with a blood test, to be considered a DUI. Unlike alcohol and some other substances, marijuana can remain in a person’s system for months. It is very difficult to prove when the substance was consumed by a driver, because a driver that regularly uses marijuana may have higher levels than an occasional user, regardless of when the marijuana was consumed. 

For now, in Georgia, to be convicted of a marijuana related DUI, positive blood test results must be coupled with evidence of another unsafe driving infraction. Just because a driver is found to have consumed marijuana is not enough to be convicted of a DUI. On the other hand, a driver that has been involved in an accident or other driving infraction may be charged with DUI if a blood test shows the presence of marijuana after the incident. 

With so many unknowns, a Georgia driver accused of DUI may want to contact an experienced attorney. An attorney can explain the specifics of the law to a client and help ensure that an accused driver gets a fair shake in court. If marijuana is legalized in the state, there is bound to be an increased probability of being charged with a DUI, and when a person is accused, he or she may want to make sure to present a solid DUI defense in court to avoid being convicted of a crime he or she did not actually commit.