05 LC 22
5734
House
Bill 286
By:
Representatives Day of the
163rd,
Horne of the
71st,
and Neal of the
1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-6-391, relating to driving under the influence of alcohol,
drugs, or other intoxicating substances, or while having a specified blood
alcohol concentration or any amount of marijuana or a controlled substance
present in the
persońs
blood or urine, so as to delete provisions distinguishing between persons
legally entitled to use marijuana and other drugs and persons not legally
entitled to use marijuana and other drugs; to delete a provision providing a
person legally entitled to use a drug other than alcohol is not in violation
unless such person is rendered incapable of driving safely; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-6-391, relating to driving under the influence of alcohol, drugs, or
other intoxicating substances, or while having a specified blood alcohol
concentration or any amount of marijuana or a controlled substance present in
the
persońs
blood or urine, is amended by striking subsections (a) and (b) and inserting in
lieu thereof the following:
"(a)
A person shall not drive or be in actual physical control of any moving vehicle
while:
(1)
Under the influence of alcohol to the extent that it is less safe for the person
to drive;
(2)
Under the influence of any drug to the extent that it is less safe for the
person to drive;
(3)
Under the intentional influence of any glue, aerosol, or other toxic vapor to
the extent that it is less safe for the person to drive;
(4)
Under the combined influence of any two or more of the substances specified in
paragraphs (1) through (3) of this subsection to the extent that it is less safe
for the person to drive;
(5)
The
persońs
alcohol concentration is 0.08 grams or more at any time within three hours after
such driving or being in actual physical control from alcohol consumed before
such driving or being in actual physical control ended; or
(6)
Subject to
the provisions of subsection (b) of this Code section,
there
There
is any amount of marijuana or a controlled substance, as defined in Code Section
16-13-21, present in the
persońs
blood or urine, or both, including the metabolites and derivatives of each or
both without regard to whether or not any alcohol is present in the
persońs
breath or blood.
(b)
The fact that any person charged with violating this Code section is or has been
legally entitled to use a drug shall not constitute a defense against any charge
of violating this Code
section;
provided, however, that such person shall not be in violation of this Code
section unless such person is rendered incapable of driving safely as a result
of using a drug other than alcohol which such person is legally entitled to
use."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.