Taking prescribed medicine shouldn’t mean losing your freedom. Fight back with an experienced DUI defense team.
Were you recently arrested for driving under the influence (DUI) despite not drinking or doing any illegal drugs? Did you take your prescribed medication but now a police officer arrested you claiming you were under the influence of your prescription medication?
When your doctor prescribed you with your prescription medication, the law did not require you to hand your doctor your driver’s license. Similarly, you did not have to mail your license to the Tennessee Department of Safety. So why were you charged with DUI for taking your medication that you were prescribed?
Unfortunately, you can be arrested and convicted of DUI even for taking your prescribed medication that is supposed to help you. Many medications have a warning label that you should not operate heavy machinery or drive a vehicle until you are aware of the effects of the medication. Just because you were charged with DUI for taking your prescription medication, does not mean you will be convicted of it. Unfortunately, you can be. That is why it is imperative that you hire a DUI attorney who has handled countless prescription medication DUI cases and has won at trial on prescription medication DUI cases.
The penalty for a prescription medication DUI is the exact same as an alcohol DUI, as described in Tennessee T.C.A. § 55-10-401. If convicted, you could be facing:
A first offense DUI in Tennessee is a Class A misdemeanor. Subsequent DUI convictions can result in even stricter penalties, including felony charges and vehicle forfeiture.
Many people are surprised to learn that ignition interlock devices are required for prescription DUI cases. Even though your DUI wasn’t alcohol-related, Tennessee law still requires an IID for license reinstatement. This device, designed to prevent alcohol-impaired driving, is mandatory for all DUI convictions—even those involving only prescription medication.
There is an alternative–but it is more restrictive in where and when you can drive. If you are convicted of a DUI without any priors, no accident, no alcohol, and no children in the vehicle, you can get a restricted license that is restricted to driving to school, work, church, AA meetings and in-patient or outpatient treatment. However, the restricted license order will specifically state where and when you can drive. That is why in most cases, it is a better option to use the ignition interlock. Again, this is only if convicted of DUI. That’s why it is crucial to have a prescription DUI attorney that can pursue the best outcome in your case.
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Defending a prescription drug DUI requires more than just experience with alcohol-related DUI cases. At Barnes & Fersten, we understand exactly what the State must prove to convict you—and we know how to challenge weak evidence, flawed police procedures, and unreliable test results.
While many of the same defenses used in alcohol-related DUIs apply to prescription medication DUIs, but additional legal and scientific challenges are available. We routinely use strategies such as:
As stated earlier, there many defenses apply to both alcohol and prescription DUI cases. However, there are crucial differences in how impairment is determined. Unlike alcohol, prescription drug levels alone do not prove impairment, which opens up several powerful defense strategies:
The State must prove beyond a reasonable doubt that your prescription medication impaired your ability to drive safely. However, toxicologists typically cannot determine actual impairment based solely on blood test results.
Our DUI defense attorneys often use Winex to determine whether your drug levels in your toxicology report establish that you were below or in the therapeutic range, toxic or lethal range. The prosecution’s toxicologists may claim impairment based on a specific drug level, but they rarely watch bodycam footage to see if you exhibited actual impairment signs, or review your medical history to consider tolerance, metabolism, or long-term prescription use.
📌 Remember, blood test results are not equivalent to a .08 BAC for alcohol DUIs—meaning impairment is not presumed based on test results alone.
Many prescription DUI arrests rely on subjective police observations, which are often flawed or inconsistent with the actual evidence.
As East Tennessee’s best DUI attorneys, we meticulously evaluate every detail of the bodycam footage to establish lack of indicators that would be expected if you were under the influence of a prescription drug. We look at whether the drug was influencing YOU, because the State must prove it beyond a reasonable doubt. We look at your performance on the field sobriety tests, whether alternative tests were conducted, whether DRE (Drug Recognition Experts) were used, whether officers checked your vitals, pulse, pupils, and eye’s reaction to light. Lack of evidence to establish your impairment becomes especially important in prescription drug DUI cases because the State must prove your impairment beyond a reasonable doubt.
Every prescription drug will cause a different effect on the individual. As such, there are different indicators of impairment an officer should look for, rather than the common indicators of alcohol impairment. Failure of an officer to observe indicators specific to the prescription drug in your toxicology report can be fatal to the State’s case.
There are seven major classifications of drugs, each causing different effects on the body. Officers often misinterpret signs of one drug for another, leading to false conclusions about impairment. When officers believe you are impaired off a CNS depressant, but the blood results show a narcotic or a stimulant, that creates doubt. It calls into question the officer’s credibility.
Our attorneys review literature, attend conferences, and use officers’ own training by the National Highway Traffic Safety Administration to show shortcomings in the State’s argument that you were impaired. Unlike in alcohol cases, in prescription drug cases it is important for an officer to check for factors such as pupil size, reaction to light, pulse rate, blood pressure, body temperature, and even muscle tone.
Different medications affect the body in different ways, which can often be assessed by monitoring vital signs. Certain prescriptions may increase or decrease blood pressure, pulse rate, and body temperature. In a criminal investigation, checking these vitals can help the State establish impairment. However, if the State fails to check these key indicators, we can use that omission to highlight weaknesses in the prosecution’s case.
Medical records are critical evidence in defending against a prescription medication DUI. As DUI defense attorneys, we analyze doctor and nurse notes to determine:
For example, ADHD medications like amphetamines (Adderall, Vyvanse) appear in blood tests, but they are prescribed to improve focus and reaction time—key skills for safe driving. If your medication helped regulate a condition that could otherwise make driving unsafe, then your driving ability may have been enhanced, not impaired.
Far too often, prosecutors and even some defense attorneys assume that the presence of a prescription drug in the blood means impairment. However, that assumption is not supported by science or medical evidence.
Medical history is important evidence in prescription DUI cases. Many medications include warning labels advising against driving until you know how they affect you—but this does not mean they always impair driving ability.
If you have been taking a prescription medication for a long period of time, your body may have built up a tolerance, reducing or eliminating the impairing effects the drug might have on a new user. The longer you have been prescribed a medication, the more likely it is that your body has adjusted to it, allowing you to drive safely without impairment.
This is why simply having a prescription drug in your blood does not prove impairment. The law does not require individuals prescribed medication to surrender their driver’s license—because taking a necessary prescription does not mean you are unable to drive safely.
By presenting medical history, prescription records, and expert analysis, we can demonstrate that your long-term medication use did not impair your ability to drive—further weakening the prosecution’s case.
If you’ve been charged with a prescription DUI in East Tennessee, it is important to get the best DUI attorney to defend your case. A conviction can lead to jail time, fines, and a suspended license, but with the right defense strategy, you may be able to reduce or dismiss the charges against you.
At Barnes & Fersten, we have extensive experience defending DUI cases in Knoxville, Blount, Sevier, Gatlinburg, Pigeon Forge, Anderson, Loudon, Roane, Cumberland, Union, Campbell, Hamblen, McMinn, and surrounding counties. Our team is committed to protecting your rights, challenging weak evidence, and guiding you through every step of the legal process.
📞 Call us today at (865) 805-5703 for a free consultation.
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Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation.
