Evidence in Maryland Prescription Drug DUIs

Drug DUI cases can be more difficult for the prosecution to prove than alcohol-related DUIs. In an alcohol case, impairment can be determined by a simple breathalyzer measurement, but there is no such threshold for drugs. Instead, the evidence in Maryland prescription drug DUIs often relies on expert testimony.

Since it can be difficult to determine impairment objectively, a skilled DUI attorney could have more defense strategies available in drug cases. If you are facing charges of driving under the influence of prescriptions drugs, discuss your case with a veteran lawyer.

Drug Recognition Experts

Drug recognition experts are used to prove impairment. One of the elements of the crime is proving that the person was impaired by the drug and incapable or safely driving a vehicle. To prove that level of impairment, one of the pieces of evidence is the analysis done by a drug recognition expert. The drug recognition expert is a law enforcement official who has specialized training in conducting assessments, recognizing the presence of drugs, and determining a degree of impairment from the use of the substance.

These assessments consist of a series of questions based on the result of their observations. Drug recognition experts will make a conclusion as to the presence of the substance in the person’s system and the level of impairment. Because that officer has specialized training, that is considered an expert opinion and will be one piece of evidence that the state will use to support their allegation that the person was impaired to an unsafe level.

Important Information to Give an Attorney

Prescription DUI attorneys in Maryland generally want as much information as they can get to analyze cases and prepare a defense. They can always decide what is and is not relevant, but usually, the more information they have, the more prepared they can be. The attorney will want to know what the specific allegations are and why law enforcement is suspicious. They also want to know the client’s version of events to see how that compares and contrasts with the state’s narrative.

Prescription and Medical Information

Some of the most important facts in these cases are those related to the prescriptions and medical conditions. The accused person should give their attorney all information related to prescription drug use, such as the kind of prescription, what the medical conditions are, their typical prescription drug use, and their use on the day in question.

This information could be crucial in crafting a defense. There is a potential defense that if the person is legally prescribed a medication and they did not know that it could have side effects that impair their ability to drive, that is a legal defense. If that can be proven, even if the person was a very impaired by the substance, that is a defense where the case can be dismissed or the person can be found not guilty. If this defense is applicable, the attorney could make that argument to the prosecutors in pursuit of a dismissal or acquittal.

Contact a Maryland Prescription Drug DUI Attorney

If you were accused of driving under the influence of drugs, do not hesitate to call a seasoned lawyer. A DUI lawyer has extensive experience analyzing the evidence in Maryland prescription drug DUIs, and they could craft a defense strategy tailored the facts of your case. Call today to schedule a consultation.