Most people think of DUI charges as alcohol-related. In Tennessee, you can also be arrested for driving under the influence of drugs — including marijuana, prescription medication, or illegal substances. A drug DUI charge can carry the same penalties as an alcohol DUI. Jail time, license suspension, fines, and ignition interlock requirements are all possible.
If you’ve been arrested for driving under the influence of drugs in Nashville or anywhere in Middle Tennessee, the team at Herbert & Lux can review your case and explain your options.
What Counts as Drugged Driving in Tennessee?
Under Tennessee law, a driver can be charged with DUI if they are impaired by:
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Prescription medications
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Controlled substances
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Illegal drugs
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A combination of drugs and alcohol
The key issue is impairment. The state does not need to prove a specific blood concentration level for most drugs the way it does with alcohol. Instead, prosecutors focus on whether the substance affected your ability to operate a vehicle safely. That often makes drug DUI cases more subjective and more open to challenge.
Marijuana DUI Charges in Nashville
Marijuana DUI arrests have become more common, especially as attitudes toward cannabis shift nationwide. In Tennessee, marijuana remains illegal for recreational use. Even if a driver legally used marijuana in another state, they can still be charged in Tennessee if they are found impaired.
One issue in marijuana DUI cases is timing. THC can remain in the body long after the psychoactive effects have worn off. A positive blood test does not automatically prove someone was impaired at the time of driving. These cases often hinge on officer observations, field sobriety tests, and toxicology results. Each piece of evidence must be examined carefully.
Prescription Drug DUI in Tennessee
You can be charged with DUI even if you were taking medication prescribed by your doctor. Common prescription drugs involved in DUI arrests include:
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Pain medications (opioids)
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Anti-anxiety medications like Xanax
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Sleep aids
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Muscle relaxers
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Stimulants such as Adderall
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Antidepressants
Many of these medications carry warnings about drowsiness or slowed reaction time. Law enforcement officers may allege impairment based on physical appearance, speech patterns, or performance on field sobriety tests. Having a valid prescription does not automatically protect you from a DUI charge. The question becomes whether the medication actually impaired your ability to drive safely.
Illegal Drug DUI Charges
Drug DUI charges may also involve substances such as cocaine, methamphetamine, heroin, or other controlled substances.
In some cases, drivers face both DUI charges and separate drug possession charges. That can significantly increase the legal exposure.
These cases often rely heavily on blood testing and officer testimony. The way the stop was conducted, how the blood sample was collected, and how it was handled afterward can all affect the strength of the prosecution’s case.
Penalties for Drug DUI in Tennessee
Drug DUI penalties generally follow the same structure as alcohol DUI penalties. For a first offense, you may face:
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48 hours to 11 months and 29 days in jail
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Fines ranging from $350 to $1,500
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One-year license suspension
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DUI education programs
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Ignition interlock requirements
A second or third DUI within the lookback period carries significantly longer mandatory jail time and longer license suspensions. Because Tennessee treats drug DUI the same as alcohol DUI for sentencing purposes, the consequences can escalate quickly.
How Drug DUI Cases Are Different From Alcohol DUI Cases
Alcohol cases often rely on breathalyzer results and a clear legal limit. Drug DUI cases are more complex.
There is usually no fixed legal threshold for impairment. Instead, prosecutors rely on:
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Officer observations
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Field sobriety test performance
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Drug recognition expert (DRE) evaluations
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Blood test results
Field sobriety tests were originally designed with alcohol impairment in mind. Medical conditions, fatigue, anxiety, or prescription side effects can affect performance. Blood testing introduces additional variables. Delays in testing, storage issues, and lab procedures can all become areas of challenge. Because of these differences, drug DUI defense often requires a closer technical review of the evidence.
Building a Defense to a Drug DUI Charge
Every case depends on its facts.
The team at Herbert & Lux will examine:
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Why the traffic stop occurred
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Whether probable cause existed for arrest
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How sobriety tests were administered
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Whether a warrant was obtained for blood testing
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How the sample was stored and analyzed
In some cases, the issue may be lack of impairment. In others, it may involve procedural errors. Some cases may involve negotiating reduced charges when appropriate.
Drug DUI cases are not always as straightforward as the arrest report suggests.
Speak With Herbert & Lux About Your Drug DUI Charge
If you’ve been arrested for driving under the influence of marijuana, prescription medication, or another substance in Nashville or Middle Tennessee, you should take the charge seriously. Drug DUI cases often involve technical evidence and subjective observations. A careful review of the facts can make a difference.
Contact the team at Herbert & Lux to discuss your drug DUI case. We represent clients throughout Nashville, Davidson County, and surrounding Middle Tennessee communities and are ready to help you understand your next steps.
If you have been charged with drugged driving in Tennessee, reach out to the experienced attorneys at Hebert & Lux: (615) 878-5537. They can provide you with legal advice tailored to your case, explain how the law applies to you, and help you decide the best course of action. The guidance and support of a skilled DUI lawyer can help reduce the impact of the charges and ensure the best possible outcome for your case.
