DUIs and Prescription Drugs: The Surprising Reasons You Need a DUI Attorney
DUIs and Prescription Drugs: The Surprising Reasons You Need a DUI Attorney
When most people think of a DUI, they think of alcohol. They might even consider illegal drugs. However, in Maryland, you can be arrested and convicted of a DUI for driving under the influence of legally prescribed medication. This is a common and serious issue that catches many people by surprise. If you are facing this charge, the only way to protect your rights is to contact a specialized DUI attorney.
Maryland Law: The Legal vs. Impaired Distinction
Under Maryland law, the key is not whether the substance is legal or illegal, but whether it impairs your ability to drive safely. You can be charged with a DUI for being under the influence of any drug, or a combination of drugs and alcohol, to the point that you cannot drive a vehicle safely. The law is that it is not a defense that you were legally entitled to use the drug.
Common prescription medications that can lead to DUI charges include:
- Painkillers (e.g., Oxycodone, Vicodin)
- Anti-anxiety medications (e.g., Xanax, Valium)
- Sleep aids (e.g., Ambien, Lunesta)
- Muscle relaxers
- Certain antidepressants
Many o
f these medications have warnings that state they may cause drowsiness or impair your ability to operate heavy machinery. If you are pulled over and the police suspect impairment, the fact that you have a valid prescription is not enough to get you off the hook.
How a Prescription Drug DUI Case Is Proven
Unlike alcohol-related DUIs, there is no set legal limit or a simple breathalyzer to measure drug impairment. Instead, the prosecution’s case relies heavily on the observations of the arresting officer and, often, a Drug Recognition Expert (DRE).
A DRE is a police officer who has received specialized training to identify signs of drug intoxication. They may perform additional field sobriety tests and a series of other evaluations to form a conclusion about your impairment. The prosecution will use the DRE’s testimony, along with the officer’s initial observations of your driving and behavior, as evidence to argue that you were too impaired to drive. In some cases, officers can also seek a warrant for a blood test to confirm the presence of drugs in your system.
Why You Need a Specialized DUI Attorney
A DUI attorney with specific experience in prescription drug cases is essential because the defense strategies are very different from an alcohol-related DUI.
- Challenging the Evidence: A skilled criminal defense lawyer can question the subjective observations of the officer and the DRE. They will scrutinize the DRE’s report for errors or inconsistencies and may even challenge the DRE’s credibility in court.
- Medical Defenses: Your lawyer can work with medical experts to argue that your impairment was caused by an unforeseen or involuntary reaction to the medication. This can be a valid defense if, for example, you took a new medication or had a new combination of drugs and were genuinely unaware of the side effects.
- Proving Lack of Intent: While not an easy argument to make, your attorney may be able to show that you had no criminal intent. If you were taking a legal prescription exactly as directed and had no reason to believe it would impair your driving, a DUI lawyer can make a case for a lesser charge or a more lenient sentence.
- Navigating Chemical Testing: Unlike the breathalyzer, you can refuse a blood test unless the police have a warrant. A lawyer can advise you on how to handle this situation.
A DUI charge involving prescription drugs is just as serious as an alcohol-related DUI and can lead to the same severe penalties, including jail time, fines, and license suspension. Don’t assume that because your medication is legal, you are safe from prosecution. A knowledgeable DUI attorney is your most important asset in fighting these charges and protecting your rights.