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Certainly since marijuana is an illegal drug in Virginia and since driving under the influence of any illegal drug is a DUI, a person can be charged with a DUI for being under the influence of marijuana. Evidence has to be presented to secure a conviction under this code section.
Driving under the influence of marijuana In Georgia, a driver may be charged with DUI for driving a motor vehicle while under the influence of marijuana. It is illegal to be found with any amount of marijuana in the body when driving.
It is unlawful for any person to use or consume marijuana or marijuana products while driving a motor vehicle upon a public highway of the Commonwealth or while being a passenger in a motor vehicle being driven upon a public highway of the Commonwealth.
In Georgia, a driver can be charged with ?drugged driving? if he or she was in control of a motor vehicle while under the influence of marijuana. Marijuana can create a positive blood test for up to a month after you smoke or ingest it, so a blood test could be positive and you could be incorrectly charged.
Anyone who smokes marijuana, or consumes it in any other form, and operates a motor vehicle, can be arrested and charged with driving while intoxicated, even though they did not consume alcohol.