Can you be arrested under Tennessee law for taking Ambien while driving? The short answer is yes. Under Tennessee's DUI law, one can be charged even with a valid prescription from a doctor. T.C.A. 55-10-401 (1) sets forth, "Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to operate a motor vehicle...." Ambien is a central nervous system depressant. It is not a defense to a Tennessee DUI charge to have a valid prescription pursuant to T.C.A 55-10-411(e).