DUI Defense
DUI in Tennessee is not just about alcohol. You can be charged with driving under the influence of marijuana, prescription medication — even medication you take exactly as your doctor prescribed — or any other intoxicant if the State claims it impaired your ability to drive. These cases are tried on very different evidence than alcohol cases, and they are frequently more defensible than people assume. Brooks Law Firm defends drug-based DUI charges in Memphis, Shelby County, and West Tennessee. Call (901) 324-5000.
Wondering what this will cost? See how much a DUI lawyer costs in Memphis — flat fees by court, and what a DUI trial runs.
Why Drug DUI Cases Are Different
Alcohol has a legal number — .08% — and a machine that claims to measure it. Drugs do not. There is no per se legal limit for THC or most other substances in Tennessee, so the State must prove actual impairment at the time of driving, usually through officer observations, field sobriety tests designed and validated for alcohol, and a blood result that shows presence, not impairment. THC in particular can remain detectable long after any effect has passed, which means a positive blood test alone does not prove an impaired driver. That gap between presence and impairment is where these cases are fought.
Prescription Medication Cases
A valid prescription is not a complete defense to DUI in Tennessee — but it changes the case. Prosecutions built on therapeutic levels of a lawfully prescribed medication invite hard questions the State often cannot answer: what level causes impairment in this patient, what tolerance does a long-term patient have, and what did the officer actually observe that ordinary fatigue or anxiety would not explain. We review the toxicology, the officer’s training in drug recognition, and the video in every case.
The Evidence We Challenge
Drug DUI cases get the same constitutional and scientific review as any other DUI we handle: the basis for the stop, the field sobriety testing, the legality of the blood draw and its chain of custody, the TBI laboratory analysis, and the qualifications of any officer offering impairment opinions. Patrick Brooks is a member of the National College for DUI Defense (NCDD) and TACDL, and applies the current science of drug toxicology and impairment to these cases. Where drug charges accompany the DUI — possession found during the stop — we defend both cases together, because the suppression issues usually overlap.
If you have been charged with driving under the influence of marijuana, prescription medication, or any other substance in Memphis or the surrounding counties, call Brooks Law Firm at (901) 324-5000 for a free consultation. See also: Memphis DUI defense and what happens after a first DUI.