What Methods Do Police Use to Test for Marijuana DUIs in Tennessee?

The recreational use of marijuana is illegal in Tennessee. Remember, marijuana may impair your ability to drive safely. Therefore, if you drive under the influence of marijuana in Nashville, TN, you could be arrested and charged with marijuana DUI. And if you are convicted, you could face fines, jail time, and loss of your driver’s license.

However, charges for marijuana DUIs require the police officers and prosecutor to demonstrate the presence of marijuana in your bloodstream. In this blog post, we will share the methods the police use to test for marijuana DUIs in Tennessee.

What Methods Do Police Use to Test for Marijuana DUIs in Tennessee?

There is currently no reliable equivalent to a breathalyzer test that can be used to test for marijuana DUIs in Tennessee. So, police officers will use a combination of observations and chemical tests to determine impairment in marijuana DUIs.

Here are the methods used to test for marijuana impairment in Tennessee:

Police Observation

If a police officer suspects you are driving under the influence, they will pull you over. For example, if you have trouble staying in your lane or are driving slower than the speed limit, a police officer may suspect that you are driving under the influence of alcohol or drugs.

If you are pulled over, the officer will approach your vehicle and look at you for signs of intoxication. They will, therefore, observe you for signs of marijuana intoxication, such as slurred speech, irregular speech patterns, red or watery eyes, and the smell of marijuana in your vehicle.

Field Sobriety Test

The police officer may suspect you are driving under the influence of marijuana due to the smell of marijuana in your vehicle. The officer may, therefore, perform a series of field sobriety tests to determine your sobriety level. The purpose of these tests is to measure your balance and coordination.

Remember, field sobriety tests are completely voluntary in Nashville, TN. So, if a police officer asks you to take a field sobriety test, you have the right to refuse sobriety tests. These tests may include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.

Drug Recognition Expert (DRE)

If a police officer pulls you over and suspects you are driving under the influence of marijuana, they can call a drug recognition expert (DRE) to the scene. DREs are well-trained to easily identify the signs of intoxication from various substances, such as marijuana.

The DRE will check you for signs of intoxication. How? They will examine your eyes, check your vital signs, and assess your balance and coordination. The DRE follows a 12-step process to determine whether or not you are under the influence of marijuana.

Image is of a fried marijuana rolled into a joint, concept of marijuana DUIs in Tennessee

Blood Test

A blood test is one of the most effective methods used to test for marijuana DUIs in Tennessee. If a police officer arrests you on suspicion of driving under the influence of marijuana, you may be asked to submit to a blood test.

A blood test is used to measure THC levels in your bloodstream. If, however, you refuse to take a blood test, your driverā€™s license might be revoked. You will not immediately know the results of your blood. So, you will not find out your results until your arraignment.

Penalties for a Marijuana DUI Conviction

If you are arrested and charged for driving under the influence of marijuana in Nashville, Tennessee, you could serious penalties, especially if you are convicted. Do you want to avoid a marijuana DUI conviction? You need to hire an experienced and skilled criminal defense attorney to represent you.

Here are the penalties for a marijuana DUI conviction under Tennessee law:

1st Offense

  • $350-$1,000 in fines
  • Up to 48 hours in jail
  • 1 year suspension of your driverā€™s license
  • You may have to complete a drug treatment plan

2nd Offense

  • Up to $3,500 in fines
  • Up to one year in jail
  • 2 year suspension of your driverā€™s license

3rd Offense

  • Up to $10,000 in fines
  • Up to one year in jail
  • 6 year suspension of your driverā€™s license

What to Do if You Have Been Charged With Marijuana DUI in Tennessee?

You should consult with a good criminal defense attorney. Your lawyer will tell you your rights, protect your rights, and discuss the legal process. Your lawyer can also help challenge the reliability of the tests that you were given. Having strong legal representation by your side reduces your stress, saves you money, and helps you get a favorable outcome.

Image is of a Nashville criminal defense attorney speaking to their client about a marijuana DUI charge

Contact Nash Law to Help You With Your Marijuana DUI Case

If you or a loved one has been arrested and charged with marijuana DUI in Nashville, Tennessee, you may be feeling overwhelmed right now. And, you might not know what to do next. Remember, the penalties for marijuana DUI can be severe. If convicted, you could pay huge fines, spend time in jail, and your driverā€™s license could be revoked.

Looking for a skilled criminal defense attorney in Nashville, TN? Nash Law is here to help. We have the knowledge and expertise to help you get a favorable outcome in your marijuana DUI case. Our lawyers understand your stress and are ready to support you throughout the whole process. Contact us today at 615-NASH-LAW to schedule a free consultation.

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