You have probably heard people use the terms DWI and DUI like they are the same thing, but Georgia law treats them differently than other states. Here, driving while intoxicated (DWI) is not an official charge. Instead, every alcohol or drug-related offense is classified as driving under the influence (DUI), and the focus is on proving impairment.
Georgia Law Uses DUI, But Some Still Refer to DWI Informally
In Georgia, the legal term for impaired driving is always DUI, which stands for Driving Under the Influence. You might still hear people use the term DWI, especially if they have lived in or traveled through states where that language is used. However, under O.C.G.A. § 40-6-391, Georgia makes no legal distinction between DUI and DWI.
Why the DWI vs. DUI Distinction Matters in Other States but Not in Georgia
Some states split impaired driving charges into two categories. DWI might mean driving while intoxicated by alcohol, while DUI is reserved for drug impairment. That distinction affects how charges are filed and how the court handles each case. But in Georgia, there is no such divide. Every type of impaired driving is handled under the same statute, no matter what substance is involved.
That means whether you were under the influence of wine, weed, or a combination of both, the charge would still be DUI. Georgia does not change the language based on what was in your system.
This simplifies things on the legal side, but it also means the rules are broad and apply to many situations. If you are facing a DUI in Georgia, it is important to know that the law covers more than just alcohol and that the state treats all types of impairment the same.
DUI Charges May Involve Drugs Even Without Alcohol
In Georgia, you can be charged with DUI even if you have not had a drop of alcohol. Under O.C.G.A. § 40-5-75, the law allows for DUI charges if any drug impairs your ability to drive safely. This includes illegal drugs, marijuana, and prescription medications, even when they are legally prescribed.
Officers are trained to look for signs of drug impairment during a traffic stop. If they do not smell alcohol but still believe something is off, they may ask for additional evaluations. That is how many prescription drug charges begin, especially when a driver seems disoriented or slow to respond.
DUI Charges Tied to Marijuana and Controlled Substances
Marijuana-related DUIs are more common than most people realize. In many of these cases, there is no blood or urine test available at the time of the stop. Instead, officers rely on what they see, such as slowed speech, red eyes, confusion, or delayed reactions. Even without a lab result, a driver can face marijuana charges if the officer believes they were under the influence and unsafe behind the wheel.
Field Sobriety Tests and Drug Recognition Experts (DREs) in Georgia
When officers suspect drug impairment, they often use field sobriety tests to look for balance issues, eye movement problems, or delayed coordination. These tests are designed to pick up on physical clues that suggest a driver is not fully in control. They may also ask questions meant to reveal confusion or memory lapses. This is especially common in stops that do not involve alcohol.
In some cases, a Drug Recognition Expert, or DRE, is called in to complete a more detailed evaluation. These officers are trained to identify signs of impairment from different drug categories. Their reports can play a big role in court, especially when traditional breath tests are not an option. If you are facing drug charges tied to a DUI, that DRE evaluation may be one of the strongest pieces of evidence used against you.