With the increasing acceptance and legalization of marijuana across the United States, it’s crucial to understand the legal implications of driving under the influence of cannabis. Tennessee, like many other states, has specific laws concerning impaired driving. You can get DUI for marijuana in Tennessee because Tennessee prohibits Driving Under the Influence (DUI) of any substance that impairs your driving. Drug charges can be brought for this offense.
Understanding Tennessee DUI Laws
In Tennessee, it is illegal to drive under the influence of any substance that impairs your ability to safely operate a vehicle, including marijuana. The state has a per se law, which means that if you have any detectable amount of THC (the psychoactive component of marijuana) in your system while driving, you can be charged with a DUI. This law applies to both medical and recreational marijuana users.
Consequences of a Drugged Driving in Tennessee
If convicted of a marijuana DUI in Tennessee, you may face various consequences. A DUI conviction has a range of penalties. For a first offense, penalties can include license suspension for one year, fines ranging from $350 to $1,500, mandatory drug treatment, and possible jail time of up to 48 hours. Subsequent offenses result in increased penalties, including longer license suspensions, higher fines, and potential felony charges.
You Have Rights
Like traditional DUI defenses, if charged with a marijuana DUI in Tennessee, there are certain defenses and challenges that can be pursued. These may include questioning the accuracy of drug tests or challenging the legality of the traffic stop itself. Your experienced attorney who specializes in DUI cases can determine the best course of action based on the specific circumstances.
And like a DUI, do not discuss with police or investigators any circumstances or explanations which may have led to the traffic stop or arrest. If you have been arrested, it’s essential to have a lawyer present with you during formal questioning. Exercise your right to remain silent and to have an attorney.
During the stop, you are best served by limiting your answers and simply providing license, registration, and insurance as requested. Be polite, but do not inadvertently give evidence against yourself by admitting to any use or possible impairment. According to Mirandarights.org, “If the officer does conduct pre-arrest questioning and feels that the suspect is beginning to make self-incriminating statements, the officer will read the Miranda Warning in order to protect the suspect’s rights and to ensure the statements may be used in court. You cannot be arrested for simply refusing to answer the officer’s questions; however, police can arrest you for other reasons, such as probable cause. It is important to be polite and avoid aggravating the situation.”
Contact Murfreesboro DUI Defense Lawyer David Clarke
In Tennessee, driving under the influence of marijuana can lead to a DUI charge and significant legal consequences. It is crucial to remember that impaired driving is illegal. If you are charged with a DUI for alcohol, marijuana, or any other drugs, contact the Clarke Law Firm. David Clarke is an experienced trial lawyer who represents people in both federal and state courts with a solid record of success.