And The Consequences of Driving Under the Influence of Cannabis
In recent years, the legalization of marijuana use has undergone significant changes across the country. However, in the state of Tennessee, the recreational use of marijuana remains illegal. The state has specific laws and definitions regarding marijuana intoxication, especially when it comes to driving under the influence of cannabis. In this article, we explain how Tennessee defines marijuana intoxication and the methods used by police to prove marijuana DUI cases.
Have you been charged with a marijuana-related DUI? At Durak Law, our Franklin DUI lawyers are here to help. We will investigate the circumstances surrounding your case and develop an effective strategy to secure the best outcome possible. Contact our office today to speak with an attorney for free.
How Tennessee Police Determine Marijuana Intoxication
Proving a driver is under the influence of THC is a multi-step process. Determining marijuana intoxication can include any combination of the following:
Observation
Officers typically initiate a traffic stop based on observed driving behaviors that suggest impairment, such as running red lights, erratic driving, swerving, or violating traffic laws.
Field Sobriety Tests
Once a driver is pulled over, the officers may conduct a series of field sobriety tests. FSTs are designed to assess a driver's cognitive abilities and include tasks such as walking in a straight line or standing on one leg. While these tests were originally developed to help officers identify alcohol impairment, they can also indicate impairment caused by marijuana or other drugs.
Drug Recognition Experts (DREs)
If an officer suspects drug-related impairment, a DRE may be called to the scene. Drug recognition experts are specially trained officers who can recognize signs of impairment caused by several substances, including marijuana. They conduct a series of evaluations that assess the driver's behavior, physical appearance, and level of cognitive function.
Blood Testing
Chemical tests can be used to detect the presence of THC in a suspect’s bloodstream. But unlike the presence of alcohol, the presence of THC does not automatically show impairment. This is because THC is known to remain in the bloodstream long after its effects have worn off.
Circumstantial Evidence
Additional evidence, such as the presence of marijuana or paraphernalia inside the vehicle or on the driver’s person, can also be used to build a case of driving under the influence of marijuana.
Penalties for Driving Under the Influence of Marijuana
Driving under the influence of marijuana in Tennessee is against the law. A DUI charge can result from intoxication caused by marijuana or any substance that impairs a driver's ability to safely operate their vehicle. The penalties for a marijuana-related DUI conviction are similar to those for driving under the influence of alcohol and can include the following:
First Offense
- Up to 48 hours in jail
- One-year driver’s license revocation
- Fines up to $1,500
- Mandatory drug treatment program
- Installation of an ignition interlock device
Second Offense
- Up to one year in jail
- Fines up to $3,500
- Two-year driver’s license revocation
- Possible vehicle forfeiture/seizure
- Mandatory drug treatment program
- Installation of an ignition interlock device
Third Offense
- Up to one year in jail
- Fines up to $10,000
- Six-year driver’s license revocation
- Possible vehicle forfeiture/seizure
- Mandatory drug treatment program
- Installation of an ignition interlock device
Fourth and Subsequent Offense
- Class E felony conviction
- Minimum of 150 days in jail
- Fines up to $15,000
- Eight-year driver’s license revocation
- Possible vehicle forfeiture/seizure
- Mandatory drug treatment program
- Installation of an ignition interlock device
Marijuana DUI Defense in Franklin, TN
In Tennessee, driving under the influence of marijuana is a serious offense that carries harsh, long-term consequences upon conviction. While state law does not set forth a specific legal limit for THC, police officers use a combination of observational methods, field sobriety tests, drug recognition experts, and blood tests to prove marijuana intoxication in DUI cases.
If you or a loved one has been charged with driving under the influence of marijuana, you need to take immediate steps to protect yourself. Our team of Franklin DUI attorneys is ready to help. With our years of experience handling DUI cases, you can rest assured knowing we will take all necessary steps to protect your rights and best interests. When you need a strong legal defense, work with the experienced criminal defense team at Durak Law. Contact us today to arrange a free, confidential case review.
