Q: In TN is it prosecutable to be convicted of driving with less than 0.05 if/ml of diphenhydramine in your system?
BAC Was 0
Everything on drug test was not detected EXCEPT diphenhydramine. Not even sure if that’s a standard drug to test for.
He took one half of a Benadryl (that’s the drug). He was tired and his allergies were bad. That’s all nothing more.
It was cold out, late and he was looking to get off the road and sleep in an area he wasn’t familiar with.
A: I do not know what that drug is, but the State can claim anything in your system influences your driving. And there is a threshold amount for Sentencing purposes for Alcohol only, with no particular amounts making a difference for drugs. So TN can probably charge you with DUI with that in your system. You should not have given a blood test.
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