Drug DUI Attorney in Roswell, GA

Former Prosecutors. Former Judge. Real Insight into How Drug DUI Cases Are Built.

A drug DUI charge in Georgia is legally distinct from an alcohol DUI. There’s no breathalyzer, no standard numeric threshold for most substances, and a valid prescription won’t protect you if an officer believes the drug impaired your driving. At The Sherman Law Group, we defend clients facing drug DUI charges in Roswell and throughout North Fulton County. Bill Sherman is a former Assistant State Attorney General and Senior Assistant County Attorney. Valerie Sherman is a former Magistrate Judge and Assistant County Attorney. Together, they bring over 50 years of combined legal experience and direct insight into how these cases are built and where they can be challenged.

Being charged with drug DUI doesn’t make a conviction certain. Contact The Sherman Law Group at (678) 712-8561 to schedule a free consultation and learn how we can help.

How Georgia Defines Drug DUI

Georgia’s drug DUI statute, O.C.G.A. § 40-6-391, creates two distinct offenses. Under subsection (a)(2), it’s unlawful to drive under the influence of any drug, prescription or otherwise, to the extent it renders the driver less safe. Under subsection (a)(6), driving with any amount of certain controlled substances present in the blood or urine is a separate per se offense.

Because Georgia has no broadly applicable per se concentration limit for most drugs, the state most often pursues charges under the “less safe” standard. That means the prosecution must prove the driver was actually impaired, not just that a substance was present. Marijuana DUI works the same way: the state must prove impairment, not merely the presence of metabolites. This burden of proof opens defense opportunities that don’t exist in a straightforward alcohol DUI case.

How Drug DUI Arrests Unfold in Roswell

When a Roswell Police Department officer suspects drug impairment, the investigation looks different from an alcohol stop. Standard field sobriety tests were designed to detect alcohol impairment, and their reliability for drug impairment is subject to challenge. Instead of a breathalyzer, officers request blood or urine samples under Georgia’s implied consent law. Refusing carries its own license consequences.

Some Roswell officers are certified in ARIDE (Advanced Roadside Impaired Driving Enforcement) or as Drug Recognition Experts (DRE). A DRE conducts a structured 12-step evaluation assessing physical signs of impairment by drug category. The evaluation relies heavily on subjective officer observations, and its conclusions aren’t the same as scientific test results. Drug DUI cases in Roswell are heard in Roswell Municipal Court. When a jury trial is requested, the case transfers to Fulton County State Court.

Penalties for a Drug DUI Conviction in Georgia

A first drug DUI conviction is a misdemeanor, but the consequences are serious:

• Up to 12 months in jail with a mandatory minimum of 24 hours
• Fines of $300 to $1,000 plus surcharges
• At least 40 hours of community service
• 12 months of probation
• Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days
• A clinical evaluation

One consequence that sets drug DUI apart from alcohol DUI: a limited driving permit isn’t available after a drug DUI conviction in Georgia. License suspension applies, and there’s no restricted permit to maintain work or family obligations during that period. Penalties increase significantly with each prior offense, and a fourth conviction within ten years is a felony. A separate administrative license suspension through the Georgia Department of Driver Services may also apply independent of the criminal case.

How We Defend Against a Drug DUI Charge in Roswell

Bill Sherman’s years as a prosecutor give us direct knowledge of how the state builds a drug DUI case. Valerie Sherman’s experience as a Magistrate Judge shows us how courts weigh DRE testimony and toxicology evidence. We apply both perspectives when we work to challenge the state’s case against you.

Defense strategies we pursue include:

• Validity of the stop: Whether the officer had a lawful basis to pull you over in the first place
• Field sobriety test administration: Whether tests were properly conducted and whether results genuinely indicate drug impairment
• DRE evaluation integrity: Whether the 12-step protocol was followed and whether the officer’s conclusions hold up to scrutiny
• Blood and urine testing: Whether samples were properly collected, stored, and analyzed, and whether chain of custody was maintained
• Impairment vs. presence: Whether toxicology results show impairment at the time of driving or merely prior drug use
• Implied consent compliance: Whether required advisements were properly given

The less-safe standard requires the state to prove impairment, not just drug use. A positive toxicology result doesn’t automatically satisfy that burden, and we work to hold the prosecution to it.

The 30-Day Deadline You Can’t Miss

After a drug DUI arrest in Georgia, you have 30 days to request an administrative license suspension (ALS) hearing with the Georgia Department of Driver Services. Missing this deadline can result in automatic license suspension before your criminal case is even resolved. The clock starts at arrest, not at conviction.

The Sherman Law Group offers free consultations for drug DUI cases in Roswell. Call us at (678) 712-8561 or reach out through our online contact form. We can review your situation, explain your options, and help you understand what comes next.