In the last several years, nearly all city and municipality law enforcement around the country have significantly focused on the consumption and sale of prescription drugs. In Tennessee, impaired driving is not only limited to driving under the influence of alcohol. Driving while under the influence of some prescription medications or a combination of prescription drugs and alcohol can all lead to a Tennessee DUI charge even if the medication was prescribed to you.
The Substance Abuse and Mental Health Science Administration, a federal agency tasked with reducing the impact of substance abuse in America, released findings revealing that approximately 10 million Americans drive while under the influence of prescription drugs. This survey fleshes out the notion that a significant number of people don’t recognize that getting behind the wheel after taking some prescribed medications can get you arrested and land you in jail.
Tennessee Code Annotated 55-10-401 states the following:
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large 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 oneself which the driver would otherwise possess.
Common types of prescription drugs that can lead to a driving under the influence charge per the statute include:
- Pain medications containing codeine or oxycodone opioids such as Oxycontin or Percocet as well as hydrocodone which is generic for Vicodin, Lorcet or Lortab
- Antidepressants such as Valium (diazepam) Xanax (alprazolam) or Desyrel (trazodone)
- Sleep medications such as Ambien or Lunestra
Trained ‘Drug Recognition Expert’ (DRE) officers in many cases assist in stops related to driving under the influence of prescription medications. DRE training involves differentiating between drug impairment and a medical condition. The DRE administers a 12-step evaluation which includes traditional field sobriety methods as well as nontraditional methods whereby they use blood pressure cuffs and/or pupilometers.
While DREs field sobriety methods can subjectively detect impairment, toxicology may later reveal that the level or concentration of a particular prescribed medication was not sufficient to support a DUI charge. In addition, if the police did not follow correct procedures during the stop or arrest there could be defenses available. That is why it’s important to acquire the services of an experienced DUI or drug offense lawyer if you have been charged with driving under the influence. If you have been charged with driving under the influence of prescription drugs, contact attorney Donna Wagner to schedule a consultation.
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“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
