O.C.G.A. § 40-6-391(a)(2)
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(2) Under the influence of any drug to the extent that it is less safe for the person to drive.
Elements of the charge:
The prosecutor must prove beyond a reasonable doubt:
- Person was driving or had actual physical control of the vehicle;
- Driving with a contraband (illegal for all purposes) substance in driver’s system;
- Person is less safe because of the quantity or concentration of the drug in his system at the time of driving; and
- Person is incapable of driving safely