Maryland Prescription Drug DUI Lawyer

Many people believe they can only be charged with a DUI if they have been drinking. However, drivers intoxicated by any substance, even legally prescribed prescription drugs, can be charged with DUIs.

If you were accused of driving under the influence of a prescription drug, you should not risk handling the case alone. A Maryland prescription drug DUI lawyer has extensive experience handling cases like yours, and they could fight for a positive resolution on your behalf. Call a skilled defense attorney today to schedule a consultation.

Common Prescription Drugs in DUI Cases

Prescription drugs are characterized as chemical substances that are regulated. They can only be administered or given and possessed by a person if a licensed doctor has authorized the use and prescribed that person to use that drug. The most common drugs linked to DUI cases include opiates such as Oxycontin, Vicodin, and muscle relaxants.

Prescription Drug DUI Charges and Penalties

Under the law, for a person to be charged with prescription drug DUI, there must be probable cause to believe that a person was driving or attempting to drive a vehicle while impaired by a drug. The drug must have impaired the person to a degree that they could not drive the vehicle safely.

For a first offense, the penalties for prescription drug DUI charges include the maximum penalty of six months in jail and/or a fine of up to $1,000.

Potential Defenses and Mitigating Factors

If a person is legally prescribed and entitled to use the drugs and the person was unaware that the drug or drug combination could render the person unable to drive safely, then that is a defense. If they did not know that there were side effects, then that is a valid defense. However, if they are a legal possessor of a prescribed medicine, but they did know that are side effects, then that is not going to help them.

If an individual relies on the medication to function on a daily basis, that can certainly be a factor both in negotiation with the prosecutor and for the court at the trial. However, if the medicine renders the person unable to operate a vehicle safely, it is not a defense. The law assumes that because they take the medicine on a daily basis, they knew that it also would affect their ability to drive safely. If they are aware that it has a side effect or potential to prevent them from driving safely, then they are potentially criminally liable.

Aggravated Charges for Individuals Without Valid Prescriptions

If a person does not have a prescription, that will be a factor considered by a judge at sentencing if a person is convicted after a trial. There is not a specific statutory enhancement or additional penalty in a case like that, but it will be a factor that will likely lead to a prosecutor making a more severe plea offer. It will also likely increase any sanctions imposed by a judge at sentencing.

In addition, it is illegal in Maryland to possess prescription medicine that was prescribed for someone else. For this reason, a person may be subject to additional criminal charges separate from the prescription drug DUI.

How a DUI Attorney Could Help

A person should contact a prescription drug DUI lawyer even if they think the prescription itself is going to help them fight the charges on their own. They may be wrong, and the lawyer who has experience with legal screening can provide a full encompassing understanding of the law and the defenses available. It is good to have a lawyer make arguments on the person’s behalf to inoculate a person from potential liability for any of those statements. Anything a person says can and will be used against them, and that applies even when a person is making legal arguments on their own behalf.

What they may think is a successful defense may actually provide information to the prosecution that could be used to convict the person. These laws are rather technical and complicated, and even a first-offense could lead to six months in jail. It is risky to represent oneself, especially without a legal background and an understanding of the laws that apply to a person.

Contact a Maryland Prescription Drug DUI Attorney

If you face DUI charges, do not hesitate to contact a Maryland prescription drug DUI lawyer. It is important to retain a lawyer who knows what strategies and evidence are appropriate and effective. An experienced attorney also knows how to simply present that evidence in front of the judge so that it can be considered when a judge or jury is making their decision.