For many people, we first think of alcohol and recreational drugs when it comes to a DUI. However, prescription drugs also come into play. Since some prescription medications can affect driving ability, many states include them in their DUI laws, including Tennessee.
Despite prescription medications being legal, you must understand Tennessee’s DUI laws and have an experienced Nashville DUI attorney by your side to make sure you can avoid getting convicted. This blog will explain the presence of prescription medications in Tennessee’s DUI laws, and how to defend yourself if you are convicted of a DUI for your prescriptions.
Tennessee DUI Laws
In Tennessee, driving under the influence (DUI) is operating a vehicle while impaired by alcohol, drugs or any other substance that affects your ability to drive safely. Drug impairment, including the effects of legal drugs on driving, is a critical factor in determining DUI cases. This includes prescription medications if they impair your ability to drive.
Impairment DUI laws focus on the effects of the ingested substance on the driver, requiring proof of actual intoxication or substantial impairment rather than just the presence of the substance in the driver’s system. The key is impairment, not the legality of the substance.
Tennessee Code
Tennessee Code Annotated § 55-10-401 covers DUI, alcohol, illegal drugs and prescription medications. Unlike alcohol, there are no per se limits for prescription drugs in Tennessee, but per se DUI laws still apply. So impairment must be proven through field sobriety tests, officer observations and other indicators. Even with a valid prescription, individuals can still be convicted of DUI if they are impaired while driving.
Effects on Driving
Prescription drugs can severely impair cognitive function and motor skills which are necessary for safe driving. Symptoms of impairment may include drowsiness, confusion, slow reaction times and poor coordination. Police officers are trained to look for these signs during traffic stops and field sobriety tests.
Prescription Drug DUI Penalties
The penalties for a prescription drug DUI are tough. A first offense can be 48 hours to 11 months and 29 days in jail, $350 to $1,500 fine and 1 year license suspension. Subsequent offenses are even harsher with longer jail time, higher fines, longer license suspension, and possible vehicle forfeiture. Additional penalties may include mandatory drug treatment, community service and an ignition interlock device.
Long Term Consequences
A DUI conviction has consequences that go beyond the immediate penalties. A criminal record can affect job opportunities, insurance rates and personal reputation. Extended suspension or revocation of a driver’s license can severely impact your daily life and mobility.
Defending a Prescription Drug DUI Charge
There are several ways to defend a prescription drug DUI charge. One common defense is to show the medication was taken as prescribed by a doctor and according to the instructions. Another defense is to prove you were not impaired at the time of the arrest. Field sobriety tests, chemical tests and officer observations can also be challenged in court. Consult with an experienced DUI defense attorney to navigate these defenses.
How Prescription Drugs Can Get You a DUI
Prescription Medications That Impair
Several prescription medications can impair you to drive safely. Opioid painkillers like Oxycodone, Vicodin and Morphine can cause drowsiness and slow reaction times. Benzodiazepines like Xanax, Valium and Klonopin can impair your judgment and coordination. Stimulants like Adderall and Ritalin can affect your cognitive function and reaction times. Read the side effects of any medication before you drive.
Effects on Driving
Prescription drugs can severely impair cognitive and motor functions which are necessary for safe driving. These medications can cause drowsiness, confusion, slow reaction times and poor coordination. These effects can severely impact your ability to drive safely and increase the risk of accidents and traffic violations.
Signs of Impairment
Police officers look for specific signs of impairment during traffic stops. These signs include erratic driving, difficulty following instructions and physical symptoms like slurred speech, drowsiness and poor coordination. Field sobriety tests and chemical tests like blood or urine tests can also show impairment from prescription drugs.
Legal Ramifications
In Tennessee, driving under the influence of a legal drug, such as prescription medication, can be a DUI if the medication impairs your ability to drive safely. Unlike alcohol, there is no specific concentration limit for prescription drugs. Impairment must be shown through officer observations and test results. So it’s important to know how your medication affects your driving.
Prevention
To avoid a DUI, individuals taking prescription medication should talk to their doctor about the side effects and how they will affect driving. Also follow the prescription and don’t mix medication with alcohol or other substances that can enhance the impairment. By knowing the risks and taking precautions, you can stay safe and in compliance with the law.
Prescription Drug DUI Consequences
First Offense
A first time prescription drug DUI in Tennessee can have serious penalties. Offenders can face 48 hours to 11 months and 29 days in jail and $350 to $1,500 in fines. First time offenders also get a 1 year license suspension.
Subsequent Offenses
The penalties are more severe for repeat offenders. Subsequent offenses have longer jail time, higher fines and longer license suspension. Repeat offenders can also have their vehicle forfeited and more strict conditions to get their license back.
Additional Consequences
Besides the main penalties, a prescription drug DUI offender may be required to attend mandatory drug treatment programs. Community service is often ordered and offenders may have to install an ignition interlock device on their vehicle which prevents the car from starting if alcohol is detected on the driver’s breath.
Criminal Record
A DUI will show up on your criminal record. This can have long term effects on your employment opportunities as many employers do background checks and may not hire someone with a DUI. Insurance rates will also increase as insurers consider DUI offenders as high risk drivers.
Driver’s License Consequences
Besides the immediate suspension, offenders may face challenges in getting their license back. They may be required to attend DUI education programs and show a period of clean driving before their license is reinstated. An extended suspension or revocation of a driver’s license can severely impact daily life, limiting your ability to go to work or attend important appointments.
Long Term Consequences
The long term consequences of a DUI go beyond the legal penalties. A criminal record can affect your personal reputation and relationships. The financial burden of fines, legal fees and increased insurance rates can be huge. Also the mandatory treatment programs and ignition interlock device can be time consuming and costly.
Defending a DUI for Prescription Drugs
Prescription Defense
One defense to a DUI for prescription drugs is to show that the medication was taken as prescribed by the doctor and in accordance with the instructions. If the driver can show that they followed medical advice and didn’t exceed the prescribed dosage, this defense can reduce the charges. You should present documentation from the prescribing doctor and pharmacy records to support this.
No Impairment
Another defense is to prove the driver was not impaired at the time of the arrest. This can be done by challenging the officer’s observations or the field sobriety test results. Witness testimony, dashcam footage and expert analysis can be used to show the driver’s behavior and condition didn’t meet the legal definition of impairment.
Challenging the Evidence
The evidence used to support the DUI charge can be challenged. This includes questioning the field sobriety tests, chemical tests and the officer’s observations. For example, improper administration of tests, faulty equipment or environmental conditions that affected the test results can be used to discredit the prosecution’s case.
Procedural Errors
Procedural errors made by law enforcement during the arrest can also be used as a defense. If the arresting officer didn’t follow protocol such as not getting informed consent for chemical testing or not giving Miranda warnings, the evidence obtained may be thrown out of court. An experienced attorney can review the case to find any procedural violations.
Expert Witness
Expert witness can be a crucial part of defending a DUI for prescription drugs. Medical experts can explain the effects of the medication and argue the behavior observed wasn’t impairment. Toxicologists can challenge the interpretation of the chemical test results, that the presence of a drug doesn’t mean impairment.
Plea Negotiations
In some cases, plea negotiations with the prosecution may be the way to go. A good attorney can negotiate for reduced charges or lighter penalties if the evidence of impairment is weak. Plea deals can help you avoid the harshest consequences of a DUI and may include options like probation, community service or drug education program.
Meet with an Experienced Nashville DUI Lawyer Today!
In these situations, legal representation is important. Even though prescription medications are legal, you can still face DUI charges as you would with alcohol and recreational drugs. If you believe you need to challenge a DUI charge, our team at Byron Pugh Legal can fight alongside you.
New clients receive a free case consultation, so contact us at 615-255-9595 ASAP!
