Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges
Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.
A: Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an expensive option for a restricted DL.
A:
In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of substances that impaired your ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess.
It's important to remember that in order to convict you, the state must prove beyond a reasonable doubt ALL the elements of the offense. It's not illegal to take your medications, but it could be an issue if those medications made you unsafe to drive.
The statutory penalties for DUI range from mandatory minimum jail sentences of 48 hours for a first offense to up to 11 months and 29 days. It also allows judges to order substance abuse treatment, community service, and electronic monitoring as alternative sentencing options. The penalties increase in severity for higher blood alcohol levels, involvement of minors, and repeat offenses.
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