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As marijuana use has become more and more prevalent in our society, the laws in Georgia have not changed to accommodate what may be legal in other states. While we have seen some recent changes in laws here in Georgia regarding the cultivation of hemp and the sale of non-THC CBD oils, the sale and possession of marijuana remains illegal in the State of Georgia.
In addition to a permanent conviction on your record, there are minimum penalties established by statute which can be quite severe, even for a first DUI Offense. Further, by statute, persons convicted of DUI in Georgia ARE NOT eligible to be sentenced under Georgia’s First Offender Statute, assuring that any conviction will remain on your record forever.
IF you refused to provide a blood, breath or urine sample under Georgia’s Implied Consent law or you tested above the legal limit, the officer will usually (but not always) keep your driver’s license and give you a DDS 1205 Form. THIS IS AN IMPORTANT DOCUMENT. Bring it (and your citation) to you first appointment with a skilled DUI attorney.
Whether you take any of the roadside tests or not, if the officer has probable cause to believe you are an impaired driver, you will likely be arrested and taken to the station for processing and further testing.
You have the RIGHT to decline the tests described below and YOU SHOULD POLITELY DECLINE to take them. Your refusal to take these roadside tests CANNOT BE used against you at trial. You can still be charged (and convicted of DUI) if you refuse these roadside tests, but the prosecutor will have less evidence to support a DUI charge.
It is not unusual for Georgia drivers to get pulled over for a routine traffic stop only to discover the police officer suspects they are driving under the influence of alcohol or drugs.