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Building a Maryland Drug DUI Defense

When building a Maryland Drug DUI defense, it may be crucial for individuals to consult a well-practiced DUI attorney. A seasoned criminal lawyer could use their experience about the various tests, procedures officers must follow, and and other technical factors to review your case and champion your defense.

Proving Drug vs. Alcohol Impairment

Proving that a driver was operating a vehicle while under the influence of drugs is different from proving that a person was driving while drunk. For a DUI alcohol charge, there is a specific legal limit of 0.08 for an adult over 21. This means that if someone’s blood alcohol level was over the limit and they are driving a motor vehicle, it is illegal. It does not matter how impaired or not someone is. The legal limit is the same no matter someone’s level of impairment.

There is no specific level of any drug that indicates impairment. Even if blood tests show the presence of a substance in a person’s body, it does not necessarily show they were impaired. Attorneys may be able to argue that the prosecution lacks evidence of impairment when building a Maryland DUI drug defense.

To prove impairment in court, authorities may use the field sobriety tests for alcohol impairment. There are also specific tests sometimes conducted by a drug recognition expert that are more tailored to show drug impairment as opposed to alcohol impairment. The state may use those tests, in conjunction with simple observations from the officer, coupled with some sort of chemical testing. An intelligent drug DUI attorney in Maryland could review the results of these tests when building a person’s defense.

Common Strategies Used When Building a DUI Drug Defense

Some of the most common strategies used in legal defense for individuals accused of drug DUIs include disputing the presence of drugs. If there was no chemical test conducted, the defense attorney may be able to argue that the person did not even have drugs in their system since there would not be any direct evidence of that.

The other main way is to argue that the person was not impaired based on how the person was operating the vehicle, especially if they were driving safely. Given other circumstantial factors, an attorney may be able to show that the driver was not impaired by the drugs, even if they may have been some evidence that there was the presence or the use of drugs. Depending on the facts of the case, an attorney may be able to challenge whether the person was even driving the vehicle, especially if there was an accident and officers arrived after the accident occurred and after the passengers are out of the vehicle. There may not be direct evidence of the accused even driving. An attorney could also look into any potential constitutional issues related to a drug DUI case.

Let a Hard-Working Represent You

Given the potential impact of a drug DUI charge, defendants are advised to begin building a Maryland drug DUI defense by speaking with an accomplished attorney immediately. A lawyer that is familiar with the differences between alcohol DUIs and drug DUIs could help you understand how cases involving driving while under the influence of drugs are prosecuted. A skilled attorney could also explain which defenses you could use given the specific circumstances of your case. Reach out to a hard-working lawyer today.

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