If you are caught driving with drugs in your system, the consequences may be extremely serious. You may be charged with driving while under the influence (DUI), which is a serious criminal offense that can change your life and lead to long-term repercussions. However, it is important to remember that an arrest or charge does not necessarily make you guilty, and your attorney will do everything they can to protect your rights and prove your innocence.

What defenses are used to protect my rights after being arrested for drugged driving?

If you are arrested for drugged driving and need immediate legal assistance, the Knoxville DUI lawyers at Banks & Jones are here to step in and protect your rights. We will work together to gather the facts and evidence of your case and develop aggressive and persistent defense strategies, such as:

• Stating that stopping your vehicle was illegal: Police officers are required to have reasonable suspicion when stopping a vehicle. Reasonable suspicion can be something as simple as a driver not having a driver’s license, the vehicle not being registered, or even a broken taillight. However, if there was no reasonable suspicion mentioned, our attorneys will state that stopping your vehicle was illegal. This means there was nothing wrong with your vehicle or driving at the time of being stopped by officers.
• Implying that someone provided you with drugs without your consent or knowledge: Involuntary intoxication/impairment is a real thing. Therefore, our lawyers may explain that you did not know that you had drugs in your system at the time of being pulled over or arrested. Another common defense is if you accidentally took the wrong prescription pills or did not know the effects that they cause. Your doctor or pharmacist are supposed to go over these effects with you or at least list them out on your prescription bottle. However, if you were not properly informed and the prescription bottle does not mention any negative side effects while driving, such as drowsiness or fatigue, you may be able to use this as a defense.
• Fighting the result of the sobriety tests: Individuals who are upset, anxious, elderly, or have a type of learning disability usually do not do well with field sobriety tests. Two of the most popular sobriety tests conducted are the walk and turn test and the standing on one leg test. However, if you cannot walk well, have a learning disability that makes it hard for you to follow directions, or are upset and anxious, you may be unable to successfully pass these tests. Weather can also be used as a reason for failing a field sobriety test. For example, if the ground is wet, slippery, or icy, you may slip and fall during the tests.
• Explaining that you have a medical condition: Certain medical conditions can actually mimic the signs of impairment. It’s also possible that folks on multiple medications may experience symptoms if their meds are contraindicated. If you have a medical condition that makes it difficult for you to balance on one leg or walk a straight line, we will challenge the results of the sobriety tests. You’ll need to bring in any medical documents and records showing that you have a medical condition that may have prevented you from performing these specific maneuvers successfully, or which show how your medical condition affects things like driving.
• Implying that there are only assumptions of drugged driving and not enough proof: When police officers see a vehicle swerving, crossing into other lanes, or even driving in an area known to be a popular spot for drug dealing, they may automatically assume that you are drugged driving. However, there could be many reasons for why you swerved, crossed into another lane, or were driving in that area. For example, there may have been an animal or debris in the road that you wanted to avoid.
• Demanding access to dashboard or police cam videos: Police officers will often record their traffic stops. Since 2021, all Knoxville officers have been fully equipped with body cameras. There should be a video of your traffic stop and field tests that were conducted to see if you were drugged driving. The police officer may suggest that you performed poorly on the tests. However, the videos may show that you actually did not do as poorly as they said.
• Stating that you were not read your Miranda Rights: When a police officer arrests you and takes you into custody, they are required to read your Miranda Rights to you. Your Miranda Rights give you the right to be silent, to have a lawyer present when being questioned, and to have a lawyer provided to you if you are unable to afford one. However, if the officer never told you about your Miranda Rights, anything you said could be suppressed or thrown out.
• Explaining that you have reasons for similar symptoms to intoxication: The officer may describe you as looking drowsy, dizzy, anxious, and nervous when they pulled you over. However, you may have been experiencing an illness, such as a seasonal cold, allergies, or the flu, which made you appear to be impaired.

The Knoxville DUI attorneys at Banks & Jones have years of experience defending individuals who are accused of drugged driving. If this has happened to you, do not waste another minute waiting to reach out to our lawyers to find out how we will help you through this tough and challenging time. We will listen to your experience and develop the proper defenses based on the facts of your case. Call our office or submit our contact form to schedule your free case review today.