DUI and Drugs Charges

Memphis DUI Lawyer

Driving under the influence is an illegal action in the state of Tennessee, and generally we think of this crime to be associated with alcohol. While this is typically true, it is also possible to be charged with DUI due to impairment from drugs. There are many different types of drugs and narcotics that can have mind-altering effects that render a person impaired and unable to safely operate a motor vehicle.

Some drugs that could cause impairment include the following:

• Marijuana
• LSD
• Peyote
• Opiates
• PCP
• Meth

In addition to illegal drugs, there are also many prescription medications that have impairing effects. This means that you could be arrested and charged with DUI for taking your medication prescribed by a doctor. It is important that you understand your rights, refuse the field sobriety test, and seek skilled legal representation in your case as soon as possible.

You could be subject to similar penalties as DUI with alcohol, and you could lose your license, among other penalties. It is a very serious situation when you lose your license due to a DUI conviction, and our firm can work with you to pursue a favorable outcome in your situation.

Reach out to us and learn your legal options with us. You can also call us at (901) 878-5434. 

Understanding DUI Laws & Procedures in Memphis, TN

Drug-related DUIs in Memphis are governed by Tennessee Code Annotated § 55-10-401, which prohibits the operation of a motor vehicle while under the influence of any intoxicant—including both legal and illegal drugs. The Memphis Police Department and Shelby County Sheriff's Office actively patrol areas like Beale Street, the University District, and major highways for impaired drivers. These local law enforcement agencies employ field sobriety tests and, when possible, chemical tests as part of their investigation process. DUID offenses are prosecuted assertively in Shelby County Criminal Court, where judges and prosecutors pay close attention to details unique to Memphis’s busy roads and nightlife.

The legal process for a DUID case in Memphis starts with an arrest, followed by booking and an initial court appearance or arraignment, where the charges are officially presented. Judges may set bail depending on the factors involved. Your DUI attorney in Memphis will help you navigate the stages that follow, which can include pretrial hearings, plea negotiations, and trial if needed. At Ferguson McNeil Law Firm, P.A., we leverage an in-depth understanding of Memphis court procedures and Regional Forensic Center lab protocols. Our team aggressively investigates every element—from the lawfulness of the traffic stop to the accuracy of drug testing results—to challenge any questionable evidence. We closely monitor developments in Tennessee law affecting issues like prescribed medications or improper police conduct, which are especially relevant for drug-related DUI defenses in Memphis and Shelby County.

Potential Defenses Used by DUI Attorneys in Memphis

Defending against a DUI charge in Memphis requires careful examination of the prosecution’s evidence, including whether law enforcement followed proper procedures during the arrest and chemical testing process. Potential defenses may include challenging the legality of the traffic stop, scrutinizing the administration and reliability of field sobriety or chemical tests, or identifying procedural errors by arresting officers. If you were arrested for DUI involving prescription drugs, your DUI attorney in Memphis may present medical documentation to demonstrate legal use and challenge assumptions regarding impairment.

Our attorneys often question the validity of Drug Recognition Expert (DRE) assessments frequently used by Memphis police, as such evaluations can be subjective. At Ferguson McNeil Law Firm, P.A., we coordinate with independent forensic consultants and local medical professionals to thoroughly review evidence and develop persuasive defenses. Every aspect of your case, from probable cause to arrest methods, is considered within the framework of Tennessee DUID law and the practical realities of Shelby County courts.

How Ferguson McNeil Law Firm, P.A. Approaches DUI Defense in Memphis

At Ferguson McNeil Law Firm, P.A., our senior trial attorney is board-certified through the National Board of Trial Advocacy, which speaks to our decades-long commitment to outstanding legal advocacy, specifically in criminal defense. We are active members of the National Association of Criminal Defense Lawyers and have been recognized with awards, including the Client Choice award—honors that reflect our dedication to client-centered service and effective defense strategies for DUID cases.

What sets our DUI attorneys in Memphis apart is our comprehensive approach: we employ skilled investigators and paralegals to uncover every fact, review police procedures, and ensure accurate evidentiary analysis. We prioritize clear communication, informing clients about every step and legal option available. Offering a free case evaluation, we ensure anyone facing DUI charges in Memphis can get a clear, honest assessment of their circumstances before making important decisions about their case.

Talk to a DUI Attorney in Memphis, TN

With more than 35 years of experience and a long history of success in the cases that we have handled, we can provide you with the legal assistance that you need to effectively pursue a favorable outcome in your situation.

Our Memphis DUI defense attorneys have handled numerous cases involving DUI in the past, we understand the process, and we are familiar with the emotional strain that this charge can have on you. It is essential to the success of your case that you remain silent and seek our legal assistance today if you have been arrested and charged with this crime.

Contact us today and schedule your first consultation with us.

Frequently Asked Questions

How do DUI Cases in Memphis Differ From Alcohol DUIs?

Although both involve impaired driving, DUID cases in Memphis present unique challenges compared to alcohol-related DUIs. DUID investigations rely more heavily on behavioral indicators, subjective observations, and, often, Drug Recognition Expert assessments as opposed to traditional breath alcohol tests. It can be harder for law enforcement to prove impairment, as chemical tests may be inconclusive, showing the presence of substances but not impairment at the time of driving. Furthermore, Tennessee law treats impairment from both illegal drugs and legally prescribed medications equally—presenting complex legal questions regarding medical use and personal responsibility.

Memphis prosecutors are familiar with these evidentiary gaps, so DUID defense strategies require in-depth scrutiny of the government’s methods and medical evidence. At Ferguson McNeil Law Firm, P.A., our duid attorneys in Memphis coordinate with local forensic consultants and medical professionals to build thorough, individualized cases for each client, keeping you informed throughout every phase of the process.

What Should I Do Immediately After Being Arrested for a DUI in Memphis?

If you are arrested for DUID in Memphis, the best immediate response is to stay calm and invoke your right to remain silent, politely declining to answer investigatory questions without a DUI attorney in Memphis present. Under Tennessee law, you have the right to call an attorney. After an arrest, you will be booked and may be processed at the nearest Memphis precinct or at the Shelby County Jail. At the initial arraignment, the court reviews your charges and determines bail. Contacting a capable DUI lawyer in Memphis quickly is essential—they can advocate for reasonable bail, help preserve crucial evidence, and begin investigating the legality of your traffic stop, sobriety testing, and law enforcement conduct. 

Make written notes about the events as you recall them, including interactions with police officers and the circumstances of the stop. Responding proactively and with reputable legal counsel is key to developing a defense and protecting your rights throughout the Memphis DUI process.

What Defenses are Available in Memphis DUI Cases?

Defenses in Memphis DUI cases are highly fact-dependent but often include legal arguments regarding the reason for your traffic stop, flaws in field sobriety or chemical tests, and procedural mistakes by law enforcement officers. If you legally possessed or used a prescription medication, your DUI lawyer in Memphis may advocate with evidence from your healthcare provider, arguing that you were not actually impaired at the time. Memphis police may employ Drug Recognition Experts—a defense may involve challenging their credentials or findings due to the subjective nature of such assessments. 

Take advantage of our free case evaluation to obtain information and advice regarding your case without any financial commitment to us on your part. Contact a Memphis criminal lawyer from our office as soon as possible!