When considering the dangers posed by motorists who are driving under the influence, most Georgia citizens immediately think of alcohol abuse. While the majority of illegally impaired drivers continue to be due to alcohol consumption, drugged driving has seen a dramatic increase. Drugged driving may include legal use of one's own prescription drugs, abuse of another's prescription drugs, or legal or illegal marijuana use.
Criminal defense attorneys in Georgia and around the country will generally challenge drunk driving charges by questioning the validity of toxicology test results or pointing out procedural errors made by the police officers involved, but there are situations where an affirmative defense may be mounted in DUI cases. When criminal defendants mount an affirmative defense, they admit that they committed the crime in question but provide evidence that they hope will negate their behavior.