Posts Tagged DUI by prescription medication

New Tool to Aid Law Enforcement in D.U.I. Enforcement

Many road warriors across the country know that if you drink too much alcohol and operate a motor vehicle on a public roadway you may be arrested for Driving Under the Influence (D.U.I.). A lot of drivers are not aware that a D.U.I. charge may also arise out of the use of prescription medication and/or the use of marijuana (even if legal in your state to consume). The issue for law enforcement, however, is how to test for medications and marijuana traces from the person suspected of committing a D.U.I. based on the consumption of drugs alone and not alcohol (while not obtaining a blood sample). Law enforcement agencies have long implemented the use of a portable breath test device to detect the presence of alcohol on a suspect, but now- a new tool has been adopted by law enforcement agencies to combat drivers who are suspected to be impaired by drugs.

According to a recent U.S.A. Today article, the new tool for law enforcement agencies is a portable “lab” that can test the oral fluids of the alleged D.U.I. offender through a simple swab of the suspect’s mouth for saliva. The device is called the Dräger DrugTest® 5000. The device is supposed to determine if the driver has any traces (in their saliva) of drugs including, but not limited to: amphetamines, opiates, cocaine, and cannabinoids. As of the publishing of the U.S.A. Today article, law enforcement agencies in several cities have already implemented the device in the field.

Presumably, the use and science behind this new tool for law enforcement will be challenged in a court of law (much like the alcohol portable breath test device has been for years). Please remember if you or someone you know has been charged with a D.U.I. alleging alcohol or drug impairment, make sure to call and speak with one of our attorneys at the Oberman and Rice Law Firm. The Obermand and Rice Law Firm can be reached 24/7 at (865) 249-7200 or by email at, or

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DUI by Prescription Medication

One of the most common misconceptions in Driving Under the Influence cases is that a person cannot be convicted of driving under the influence of a drug that prescribed to that person.  In Tennessee, driving with prescription medication in one’s system is not a defense to Driving Under the Influence (DUI).


Under Tennessee law it is unlawful for any person to drive or be in physical control of a motor vehicle while “Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” Tennessee Code Annotated § 55-10-401(1).  Tennessee law further specifies that, “The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.” Tennessee Code Annotated § 55-10-411(e).


Driving under the influence of drugs (both illicit drugs and prescription medication) is reported to be on the rise, as recently highlighted in The Washington Post.  Two recent reports from the National Highway Traffic Safety Administration (NHTSA) claim that the incidents of driving under the influence by alcohol (drunk driving) are down, but there has been an increase of cases involving those driving under the influence of marijuana and prescription drugs:

The 2014 survey found that about 8 percent of people on the road on weekend nights had alcohol in their system, and slightly more than 1 percent were above the legal limit. That was 30 percent below the 2007 figure, NHTSA said, and an 80 percent drop since the first survey was taken in 1973.

But the number of people with drugs in their system was found to be on the rise. It jumped from 16.3 percent in 2007 to 20 percent of weekend nighttime drivers in 2014. Drivers with marijuana in their system soared by almost 50 percent.

See Ashley Halsey III, Fewer People  Driving Drunk, But Drug Use On The Road Is Rising, The Washington Post (Feb. 8, 2015), available at


If accused of driving under the influence of drugs (DUI by drugs), it is important to immediately consult with a Tennessee DUI attorney familiar with Tennessee DUI laws and the issues surrounding DUI by drugs or prescription medication.  For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice are available by calling (865) 249-7200.  You may also wish to visit for more information about the offense of driving under the influence in Tennessee.

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