Tennessee Drug DUI FAQs

Can You Get a DUI in Tennessee for Prescription Drugs?

Yes. If Your Prescription Medication Impairs Your Ability to Drive, You Can Be Arrested for DUI in Tennessee

In Tennessee, it is illegal to drive under the influence of any intoxicant or substance that impairs your ability to safely operate a vehicle — even if it was lawfully prescribed by your doctor. The law doesn’t differentiate between street drugs and prescription medication when it comes to impaired driving.

Under Tennessee Code Annotated §55-10-401, you can be charged with DUI if you are found to be impaired by any substance that affects your central nervous system, including painkillers, anti-anxiety medication, sleep aids, or combinations of prescription drugs.

Is There a Difference Between a DUI for Street Drugs and One for Prescriptions?

No. Tennessee DUI law treats impairment from prescription drugs and illegal street drugs the same. The key issue is impairment, not whether the substance was legally obtained.

• If you are impaired, you can be charged with DUI, regardless of the source.
• If illegal drugs are found during the investigation, you may face additional charges such as possession of a controlled substance.
• If you were using a medication exactly as prescribed but had an unexpected or adverse reaction, your attorney may be able to raise that as a legal defense.

What Medications Can Lead to a DUI Charge?

Any medication that impacts your physical or mental function can be grounds for a DUI. Some of the most common include:

• Opioid painkillers (e.g., hydrocodone, oxycodone)
• Benzodiazepines (e.g., Xanax, Valium)
• Sleep aids (e.g., Ambien)
• Muscle relaxers
• Anti-seizure or anti-psychotic medications

Many prescriptions carry warnings about operating machinery or driving. If you ignore these warnings and drive, you are risking a DUI arrest. Combinations of medications can also increase the risk of impairment.

How Tennessee Police Investigate Drug-Related DUIs

Unlike alcohol DUIs, where a breathalyzer can quickly determine impairment, prescription or drug DUIs require more complex evidence collection. Here’s how officers build a drug DUI case:

1. Field Sobriety Tests (FSTs): Officers use standard tests like the walk-and-turn or one-leg stand to observe impairment.
2. Observation: Slurred speech, drowsiness, confusion, or constricted pupils can signal drug influence.
3. Drug Recognition Experts (DREs): Specially trained officers may perform a 12-step evaluation. This may include checking your pulse rate, blood pressure, body temperature, pupil response, and your ability to follow instructions.
4. Blood Test called Toxicology (TOX): Police will often request a chemical test. If you refuse, they may seek a warrant to compel a blood draw.

Do You Have to Consent to a Vehicle Search in a DUI Stop?

No. Police are doing their job, don’t help them do it. I never consent to searches or giving law enforcement any evidence. 

It’s one thing to arrest you. It’s another to help them prosecute you. You do not have to consent to a search. However, you also may not physically resist. If you’re arrested, Tennessee law generally allows officers to conduct a search of your vehicle incident to that arrest.

Can You Be Charged With Additional Crimes?

Yes. Depending on how you came into contact with law enforcement, you might have other charges. Some common charges are failure to maintain lane, speeding, following too close, or charges common if an accident was involved. If you’re found with prescription drugs not prescribed to you or with illegal substances, you could also face charges like possession of a controlled substance, in addition to DUI. This is very common when you don’t have your pills in the correctly labeled prescription container.

Are the Penalties Different for Drug DUIs in Tennessee?

No. The penalties for a DUI involving prescription drugs are the same as for alcohol-related DUIs:

• Minimum 48 hours in jail (longer if your impairment is deemed more serious or there were injuries)
• License suspension (minimum 1 year for DUI 1st)
• Fines and court costs
• Mandatory Alcohol and Drug Safety School (ADS)
• Installation of an Ignition Interlock Device (IID), in most cases. Sometimes the judge will allow no IID for drug only cases. Restrictions apply.

Is Diversion an Option for Drug DUIs?

No. Tennessee law does not allow diversion for DUI offenses — whether alcohol or drug-related. However, alternative sentencing options like DUI Court, Drug, Recovery or Veteran’s Courts or pre-sentencing participation in a DUI Center may be considered by the District Attorney and your attorney.

What Should You Do If You Were Arrested for DUI Involving Prescription Drugs?

• Do not assume your prescription is a defense. Even if you took your medication exactly as prescribed, if it impaired you, you can still be convicted.
• Consult with a Tennessee DUI Focused attorney immediately. A lawyer can evaluate whether the officer had probable cause, whether the tests were properly administered, and if your medication use could be argued as a defense due to unforeseen reactions.

Talk to a Tennessee DUI Lawyer Today

If you’ve been charged with a DUI for prescription drug use in Tennessee, contact the DUI defense team at Nash Law, PLLC. Our attorneys have years of experience defending against drug-related DUI charges across Tennessee including counties like Davidson, Wilson, Rutherford, and Williamson.

We help great people fight their DUIs.©️

Call us at 615-NASH-LAW (615-627-4529) or fill out our contact form to schedule a No Fee Strategy Session. We’ll help you understand your rights, your defenses, and your best options going forward.

You deserve a second chance. Let us help you fight for it.