O.C.G.A. § 40–6-391(a)(4)

(a) A per­son shall not drive or be in actual phys­i­cal con­trol of any mov­ing vehi­cle while:

(4) Under the com­bined influ­ence of any two or more of the sub­stances spec­i­fied in para­graphs (1) through 93) of this sub­sec­tion 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:

1. Per­son was dri­ving or had actual phys­i­cal con­trol of the vehicle;
2. Per­son was under the influ­ence of two or more intox­i­cants (e.g., alco­hol and pre­scribed drugs)
3. Per­son was less safe to drive as a result of two or more intox­i­cants (e.g., alco­hol and pre­scribed drugs)

 

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