Fighting for the community and students of West Georgia.
Drug Offenses
How A Drug Charge Could Affect You:
In Georgia, if you are convicted of a drug related offense you stand to lose more than just a clean criminal record. For example, in the state of Georgia, if you are convicted of a drug related offense your driver’s license, by operation of law, will be suspended. Over the past several years, Georgia has taken an aggressive position in the battle against drug use. While this is an admirable position, Georgia has failed to properly administer its position in a manner so that the punishment fits the crime. In Georgia, when you are convicted of a drug related offense you risk losing many of the rights and privileges that you depend on to pay your bills, get back and forth to work, or bring your children to school. The attorneys at Miller & Hightower understand how important your rights and privileges, like your driver’s license, are to you, and they dedicate themselves to protecting your rights and keeping your privileges in place.
Possession of Marijuana:
Any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months.
Drug Charges And Your Drivers License:
The driver’s license of any person convicted of any violation of the Georgia Controlled Substances Act, including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, transfer or traffic in a controlled substance or marijuana, or the law of any other jurisdiction shall by operation of law be suspended.
1st Drug Conviction:
Upon the first conviction of any above stated drug offenses within the previous five years, the period of suspension on the defendant’s license shall be for a period not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver’s license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services a restoration fee. Note, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction.
2nd Drug Conviction:
Upon the second conviction of any of the above mentioned drug offenses within the previous five years, the period of suspension shall be for three (3) years; however, after one year from the date of conviction the person may apply to the department for reinstatement of his or her driver’s license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying the Department of Drivers Services a restoration fee. Note, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction.
3rd Drug Conviction:
Upon the third conviction of any of the above mentioned drug offenses within the previous five years, the period of suspension shall be for five (5) years; however, after two years the person may apply to the department for a three-year driving permit. Note, prior to the department issuing the three-year driving permit several conditions must be met.
Conditional Discharge: You only get one.
Whenever any person who has not previously been convicted of any offense under Chapter 16 Articles 2 or 3 of the Official Code of Georgia Annotated or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug, the court may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly.
Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the defendant.
Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge or dismissal under this Code section may occur ONLY ONCE with respect to any person.