Being arrested for driving while impaired by THC can turn your life upside down. Between license risk, legal fees, possible jail time, and the uncertainty of your future, the consequences are serious, even if you’ve never driven under the influence before.
At Herbert & Lux Attorneys at Law, we understand how overwhelming this is. As experienced Tennessee criminal defense attorneys, we’ve helped clients across Nashville and beyond defend against OWI charges involving marijuana. Our goal is to protect your rights, fight for reduced or dismissed charges, and help you take control of your future. Everyone deserves a second chance, and we’ll fight for yours.
What Is an OWI Charge in Tennessee?
An OWI (Operating While Impaired) charge means the state believes you were operating or in control of a vehicle while impaired by alcohol, drugs, or any intoxicating substance, including THC.
Difference Between OWI and DUI
While DUI (Driving Under the Influence) is the more commonly used term, OWI refers specifically to being impaired while operating a vehicle, regardless of the substance. In Tennessee, OWI charges can result from being under the influence of marijuana, prescription drugs, or other substances. This also includes legal drugs like prescription pills.
How Tennessee Defines Impairment by THC
Unlike alcohol, Tennessee has no defined legal THC limit. That means the state doesn’t have to prove you had a certain level of THC in your blood, just that your ability to drive was impaired. This is often based on officer observations, field sobriety tests, and chemical testing.
Can You Be Charged with OWI for THC in Tennessee?
Yes. If law enforcement believes your driving ability was impaired due to THC, you can still be charged with OWI. Law enforcement utilizes a number of tools and techniques to prove that someone is driving under the influence of marijuana.
How Law Enforcement Detects Marijuana Use
Officers may use a combination of tools to determine impairment with THC:
- Field sobriety tests (balance, coordination, memory)
- Blood or urine tests showing the presence of THC or its metabolites
- Body language, smell of marijuana, or statements you make during the stop
Challenges with Proving THC-Related Impairment
Because THC can remain in your system for days or weeks after use, it’s often difficult for prosecutors to prove actual impairment at the time of driving. Field sobriety tests may be subjective, and chemical tests don’t always reflect real-time intoxication.
These weaknesses can form the basis of a strong defense, and a good OWI defense attorney will attack these vulnerabilities in the state's prosecution to help ensure a more favorable outcome.
Penalties for THC and OWI Charges in Tennessee
The penalties for driving under the influence of THC in Tennessee depend on whether it’s your first offense or a repeat violation. Penalties increase significantly with each subsequent conviction.
First-Time Offense:
- Fines between $350 and $1,500
- Jail time from 48 hours to 11 months and 29 days
- One-year driver’s license suspension
- Mandatory participation in a DUI education or treatment program
- Possible installation of an ignition interlock device (IID)
Repeat Offenses and Increased Penalties:
- Longer jail or prison time
- Higher fines
- Multi-year license revocation
- Required treatment or rehabilitation programs
- Additional community service hours
Impact on Driving Record and Insurance:
A conviction for THC-related OWI can have long-term consequences on your driving record and your insurance premiums. Some providers may drop your coverage entirely, while others may significantly raise your rates.
Consequences Beyond Legal Penalties
An OWI conviction can follow you for years, affecting more than just your license. You may experience:
- Job loss or difficulty finding work
- Problems securing housing
- Ineligibility for certain loans or scholarships
- Damage to your reputation and relationships
- Potential immigration consequences for non-citizens
Even if this is your first time being charged, the personal and financial toll can be lasting. That’s why it’s important to fight the charge with the help of an experienced DUI attorney who can help you minimize or avoid a conviction entirely.
Defending Against THC and OWI Charges in Tennessee
At Herbert & Lux Attorneys at Law, we know how to fight THC-related OWI charges by challenging the state’s evidence and how it was obtained. These cases often come down to subjective interpretation, and our skilled attorneys can expose weaknesses that lead to reduced or dismissed charges. Your future shouldn’t be compromised because of a bad ruling, and we’ll work hard to ensure you get the fair trial you deserve.
We can build your defense by:
- Reviewing how the stop and search was conducted: We examine every detail, from dashcam footage to arrest reports, to determine if your rights were violated at any point during the traffic stop, search, or arrest.
- Challenging unreliable field sobriety or chemical tests: Field sobriety tests are highly subjective, and even sober drivers can fail them due to anxiety, medical conditions, or poor road conditions. Blood and urine tests for THC can be misleading, often detecting the substance long after impairment has ended.
- Suppressing improperly collected evidence: If law enforcement fails to follow proper procedures, we can move to have the evidence thrown out. Without solid evidence, prosecutors may be forced to reduce or drop the charges.
- Negotiating with prosecutors for favorable plea options: Even in difficult cases, we work to minimize the damage. We negotiate from a position of strength, often securing reduced charges, avoiding jail time, and protecting your driving privileges.
- Taking your case to trial if needed: Our trial attorneys are experienced litigators who know how to present your case persuasively to a judge or jury. We prepare every case with the assumption it could go to trial, because that’s the level of preparation your defense deserves.
Herbert & Lux Attorneys at Law – Protecting Your Rights After a THC OWI Charge
At Herbert & Lux Attorneys at Law, we know what it takes to help ensure a favorable outcome in THC and OWI cases. These charges are often more complicated than traditional DUI cases, and require a detailed, aggressive defense strategy tailored to the unique facts of your arrest.
Our legal team has extensive knowledge of Tennessee’s criminal justice system. We know the local court processes, the tendencies of prosecutors and judges, and the legal tactics that work in OWI cases across Nashville and surrounding counties. Whether your charge stems from a roadside test, an accident, or a routine traffic stop, we’ll give your case the full attention it deserves.
Contact us today at (615) 878-5537 for a free, confidential consultation. Every day that passes can mean lost evidence, missed deadlines, or missed opportunities for a better outcome.
Let us go to work to protect your rights and defend your freedom. Your future matters, and we’re here to help you protect it.
Common Questions About THC and OWI Charges in Tennessee
Is THC Treated the Same as Alcohol for OWI?
No. While alcohol-related DUI cases rely on a clear legal limit (0.08% BAC), THC has no set threshold in Tennessee. Officers and prosecutors must show evidence of actual impairment, which makes these cases more open to challenge.
How Long Does THC Stay in Your System?
THC can remain detectable in blood or urine for days—or even weeks—after use, depending on frequency, metabolism, and dosage. That means a positive test doesn’t automatically mean you were impaired when driving.
Can Medical Marijuana Patients Face OWI Charges?
Yes. Even if you have a medical marijuana card from another state, driving while impaired by THC is still illegal in Tennessee. Medical use is not a defense against OWI if law enforcement believes your driving ability was affected.
What Should You Do If Charged with THC OWI?
- Do not admit guilt or make statements to police
- Document everything you remember about the stop and arrest
- Preserve any medical records or legal THC use documentation that may help your case
- Consult with a criminal defense lawyer immediately
