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Can I Be Charged With DUI After Using Marijuana or Other Drugs?

Posted on in DUI/DWI

marijuana-drugged-driving-pot-DUI.jpgDrunk driving is known to be dangerous, and drivers understand that they can face criminal charges of driving under the influence (DUI) if they operate a motor vehicle with a blood alcohol concentration (BAC) above the legal limit of .08%. However, some people may not realize that they can also face DUI charges if they drive after using other types of drugs or intoxicating substances. Driving while under the influence of marijuana has become a larger concern for law enforcement in recent years, especially since several states have made this drug legal for both recreational and medical uses. While marijuana remains illegal in Tennessee, some people may travel to other states where it is legal, and drivers will want to understand the potential consequences they could face if they are charged with DUI related to marijuana or other drugs.

Drug-Related DUI Charges

Under Tennessee law, it is illegal to be in physical control of a vehicle on a public road or highway while under the influence of marijuana, controlled substances, drugs that affect the central nervous system, or other types of intoxicants. A person will be considered intoxicated if a substance or a combination of different substances affects the clearness of their mind and their self-control, causing them to be unable to operate a vehicle safely.

DUI charges related to marijuana or other substances are charged the same as for a driver who is intoxicated by alcohol. If a chemical test shows that a driver has any amount of marijuana or illegal drugs in their system, they may face DUI charges. A person may also be charged with DUI if they use prescription drugs such as opioids that impair their driving ability, or even if they use over-the-counter drugs such as cold or cough medicines that cause drowsiness or affect their clarity of mind.

While police officers may use roadside breathalyzer tests to determine whether they have probable cause to arrest a driver for intoxication by alcohol, it is not always as easy to determine whether a person is impaired by marijuana or other drugs. In these situations, officers may rely on field sobriety tests to gauge a person’s level of impairment, and if these tests cause them to believe that a person is intoxicated, they may perform an arrest and ask them to submit to chemical testing to determine whether they have any drugs in their system. Refusal of a chemical test following an arrest will lead to an automatic revocation of a person’s driver’s license for at least one year.

Contact a Jacksboro DUI Defense Lawyer

If you have been arrested for driving while under the influence of alcohol, marijuana, or any other substances, the Law Office of William F. Evans can provide you with legal help and representation during your case. To set up a free consultation with our Campbell County marijuana DUI attorney, contact our office today at 423-449-7980.



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