Can I Be Charged With Driving Under the Influence (DUI) for Drugs?

Yes. A person may face a DUI charge when drugs impair their ability to drive, including certain legally prescribed medications.

At Burch & Stewart Attorneys, we have more than 20 years of experience dealing with DUI-related charges for clients in Manchester and throughout Middle Tennessee. This article discusses when drug use can lead to a DUI charge and what prosecutors must prove in these cases.

What Counts as Driving Under the Influence of Drugs?

Drug-related DUI cases can involve illegal substances as well as prescription medications. Substances commonly involved in drug DUI cases include:

• Marijuana

• Cocaine

• Methamphetamine

• Opioid pain medications

• Anti-anxiety medications

• Sleep aids

• Muscle relaxants

• Certain seizure or mental health medications

A prescription doesn’t automatically prevent a DUI charge. If a medication affects a person’s ability to drive safely, it can lead to criminal charges.

Unlike alcohol-related DUI cases, there is no specific legal limit that establishes impairment for most drugs. As a result, these cases often focus on the driver’s condition and behavior at the time of the traffic stop.

How Is Drug Impairment Determined?

Without a standard breath test that can measure impairment from most drugs, officers rely on other forms of evidence. They often consider a driver’s behavior, physical signs of impairment, field sobriety test results, and blood test results.

In some cases, specially trained officers known as Drug Recognition Experts evaluate whether a person shows signs associated with drug impairment. Their observations can include eye movements and pupil size.

Blood testing is another method used in DUI investigations. Under Tennessee’s implied consent law, drivers are considered to have agreed to chemical testing when operating a vehicle on the state’s roads. If an officer has probable cause to believe a driver is impaired, a blood test can be used to check for the presence of drugs.

What Are the Penalties for a Drug-Related DUI?

Tennessee law treats drug-related DUIs the same as alcohol-related DUIs.

For a first DUI conviction, penalties can include jail time, fines ranging from $350 to $1,500, and a one-year driver’s license suspension.

The consequences become more severe for repeat offenses. For example, a second DUI conviction can result in a minimum of 45 days in jail, fines ranging from $600 to $3,500, and a two-year license suspension.

Additional penalties may apply in certain situations. For example, a DUI charge involving a child passenger or an accident that causes serious bodily injury can lead to more serious consequences. In some cases, prosecutors may pursue additional charges, such as vehicular assault.

Facing a Drug-Related DUI Charge?

Drug-related DUI charges can carry significant penalties, and the legal process often begins moving forward immediately after an arrest. The sooner you understand your situation, the better prepared you’ll be to make informed decisions.

Having the right legal team on your side can make a difference. If you’re facing a drug-related DUI charge in Tennessee, contact Burch & Stewart Attorneys or call 931-455-4424 to discuss your options.