When most people think of DUI, they think of driving under the influence of alcohol. However, under Maryland law, a person can also be convicted of DUI for driving while impaired by a controlled substance—even a drug that person is legally entitled to use. If you have been arrested for driving under the influence of drugs or medication, a Maryland DUI drug lawyer can offer you legal defense against the charges. Call today and schedule a consultation with a DUI lawyer in Maryland.
- Marijuana DUI
- Proving Impairment
- Prescription Drug DUI
Finding A DUI Drug Lawyer In Maryland
In Maryland, a person is considered to be under the influence of alcohol if his or her blood alcohol concentration (BAC) is 0.08 percent. When it comes to controlled substances—including both illegal drugs and legally prescribed medications—there is no quantified amount that renders a person impaired per se.
DUI drug cases can be particularly tricky. A person who is charged with driving under the influence of marijuana may be a lawful user of medical marijuana. A person who takes legally prescribed medications can be arrested for DUI if an officer determines that the person is impaired by the medication during a traffic stop.
Securing legal representation is critical in defending against a DUI drug case. A Maryland DUI drug attorney can challenge the legality of a traffic stop and dispute probable cause of impairment that led to a blood test. Being charged with DUI can be stressful, but with a Maryland DUI drug lawyer fighting for you, the potential for a favorable outcome is maximized.
Maryland DUI Drug Laws
The penalties for DUI are the same whether a person is charged with driving under the influence of alcohol or driving under the influence of drugs. However, while DUI by alcohol requires a specified quantity of alcohol in the blood stream, a person can be charged with DUI by drugs with any detectable amount of a controlled substance in the system, if the arresting officer deems that the person was sufficiently impaired at the time of the traffic stop.
Maryland Code 21-902 makes it illegal to operate or attempt to operate any vehicle if a person is “so far impaired” by a legal or illegal controlled substance that he or she is unable to safely operate the vehicle. Maryland law does not allow the legal use of the medication or controlled substance as an affirmative defense to DUI, unless, however, the person was not aware that the medication or combination of medications could impair his or her ability to operate a vehicle safely.
A first DUI offense is a misdemeanor punishable by up to one year in jail. However, it is quite rare for a person to receive the maximum sentence allowable by law in a DUI case.
Effective defense representation from a Maryland DUI drug lawyer can result in dismissed charges, probation instead of jail, or other sentencing which can minimize the impact a DUI drug arrest has on your life.
Understanding Marijuana-Related Impairment Laws
Maryland’s driving under the influence section of the Maryland Transportation Articles includes alcohol, illegal drugs, and prescription drugs. Marijuana is considered a drug by the federal government is concerned, it is a dangerous drug and requires protection.
The State of Maryland closely follows federal law and views marijuana no differently. If someone smoked marijuana recently or is in the process of smoking marijuana when they are stopped, the law enforcement officer can assess the person for driving under the influence which falls under a section other than what is traditionally the Transportation Article.
Defenses Against DUID Charges
Find out more about Maryland DUI drug laws and explore defense options that may be available to a person when they schedule their risk-free consultation with a DUI drug defense lawyer.
Mistakes To Avoid
The biggest mistake people make in DUI drug cases is talking to a law enforcement officer. The accused is not required to speak with an officer before an attorney can be by their side. If the police officer pulls someone over to assess them for being under the influence, they attempt to put the person through the field sobriety tests. Something most people do not know is that they have the right to refuse field tests, breath, and blood tests.
Contacting A Maryland Drug DUI Lawyer
A drug DUI lawyer knows the specifics of the DRE experts and how they operate. They understand the drug evaluation process and how to assess and ask questions in a trial. It is not the typical alcohol-related offense. It is not just about the stop or the steps the officer did in the field testing. A drug evaluation is much more advanced. A Maryland drug DUI lawyer knows how the process works.
A drug DUI lawyer who has the background and experience in trying cases like this has the ability to continue to do the work. The lawyer knows the science behind the drug DUI evaluations and can explain them in an articulate manner.
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