Memphis DUI Attorney

Arrested for Driving Under the Influence of Drugs in Memphis, TN?

In Memphis, a DUI charge isn’t limited to alcohol. If law enforcement suspects your ability to drive is impaired by any substance—whether it is an illegal drug, a prescription medication, or even an over-the-counter remedy—you can be arrested for driving under the influence of Drugs (DUID).

At Ferguson McNeil Law Firm, P.A., we understand that a DUID charge can feel like an ambush. You might have been taking a medication exactly as prescribed by your doctor, yet you find yourself facing the same harsh penalties as someone driving while intoxicated. Our mission as your Memphis DUID lawyer is to challenge the subjective evidence used by the state and protect your future.

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

Common Types of Drugs Involved in Memphis DUIDs

We see a wide variety of substances cited in Shelby County DUID cases. It is important to remember that legality does not equal immunity. You can be convicted of a DUID for taking legal substances if they impair your driving.

Illegal Substances

• Marijuana (THC): Even as laws change elsewhere, Tennessee remains strict. THC can stay in your system long after the "high" has faded, leading to complex legal battles over actual impairment versus mere presence.
• Cocaine and Methamphetamines: These stimulants can lead to aggressive driving, speeding, and a subsequent "crash" that mimics extreme fatigue.
• Heroin and Fentanyl: These powerful opioids cause severe drowsiness and "nodding off" at the wheel.

Prescription and Over-the-Counter Drugs

• Painkillers (Oxycodone, Hydrocodone): These are frequently cited in Memphis traffic stops.
• Anti-Anxiety Meds (Xanax, Valium): These can cause a level of sedation similar to heavy alcohol consumption.
• Sleep Aids (Ambien): Cases of "sleep-driving" are a unique and complex area of DUID defense.
• Allergy or Cold Medicine: Even Benadryl can cause enough drowsiness to trigger a stop and arrest.

Tennessee Drug-Related DUI Laws

Tennessee’s laws regarding impaired driving are found under T.C.A. § 55-10-401. As of January 1, 2026, the state has implemented even stricter measures regarding chemical testing and "Implied Consent."

The "Implied Consent" Shift

By driving on Tennessee roads, you have "implied" your consent to be tested for intoxicants if an officer has probable cause.

• 18-Month Revocation: A first-time refusal of a blood or oral fluid test now results in an automatic 18-month license revocation (up from one year).
• Oral Fluid Testing: Police in Memphis are now increasingly using saliva swabs at the roadside to detect the presence of drugs.
• No "Search Warrant Shield": Under the new law, you can be charged with an Implied Consent violation even if the police eventually get a warrant to draw your blood.

Penalties for DUID Conviction

A DUID carries the same criminal penalties as an alcohol-based DUI:

• First Offense: Minimum 48 hours in jail, fines up to $1,500, and a 1-year license revocation.
• Second Offense: Minimum 45 days in jail, fines up to $3,500, and a 2-year license revocation.
• Third Offense: Minimum 120 days in jail and up to 10 years of license loss.

The Role of the Drug Recognition Expert (DRE)

Because there is no "Breathalyzer for drugs" that gives an instant impairment reading like a BAC, Memphis police often rely on a Drug Recognition Expert (DRE). This is an officer with specialized training to identify drug impairment through a 12-step evaluation.

This process includes checking your pulse, examining your pupils in different lighting, and performing divided-attention tests. However, these evaluations are highly subjective. A DRE may mistake a medical condition, fatigue, or simple nervousness for drug impairment. At Ferguson McNeil Law Firm, P.A., we know how to cross-examine these "experts" and highlight the flaws in their subjective "science."

DUID FAQs

Can I be charged with a DUID if I have a valid prescription?

Yes. In Tennessee, a prescription is not a defense if the drug rendered you unable to drive safely. However, we can often use your medical history and the specific dosage to argue that your "impairment" was actually something else entirely.

How do the police prove I was "high" if there is no legal limit like .08?

The prosecution relies on a combination of officer observations, your performance on Field Sobriety Tests, and toxicology reports (blood or saliva). Because there is no "per se" limit for most drugs, the case often comes down to the quality of the legal defense challenging the officer's interpretation.

Can I get a restricted license after a DUID?

In many cases, yes. You may be eligible for a "Hardship License" that allows you to drive to work, school, or court-ordered treatment, though you will likely be required to install an Ignition Interlock Device (IID), even if your case didn't involve alcohol.

What defenses are available in DUID cases?

Defenses in Memphis DUID 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.

Why You Need a Memphis DUID Lawyer

A DUID charge in Shelby County is a high-stakes battle of science versus observation. The prosecution will try to use a blood test showing a trace amount of a substance to prove you were "impaired" at the time of driving—even if that substance was consumed days prior.

Our team investigates every detail:

• Was the stop legal? If the officer didn't have reasonable suspicion to pull you over, the evidence may be thrown out.
• Was the DRE evaluation flawed? We look for procedural errors that invalidate the officer’s findings.
• Are the lab results accurate? Blood testing is prone to contamination and storage errors.

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.

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!