Many people are unaware that they can receive a DUI (driving under the influence) for taking prescription drugs if that medication affects their driving capabilities. In Bowie, Dunkirk, and across Maryland, such accusations are considered serious crimes, often leading to some of the most challenging legal battles.

The good news is that a professional drug DUI attorney knows the laws surrounding these issues and what the prosecutor must prove for the charges to hold up. Therefore, they will use their knowledge and skills to potentially disprove the prosecutor and secure the fairest outcome possible for your case.

What are the different types of prescription drugs that may affect your driving capabilities?

Prescription drugs are the types of medications that a doctor prescribes to you for an illness, injury, or medical condition. You cannot purchase these drugs over the counter at a drugstore; you must have a prescription to access them. Some of the different types of prescription drugs that may affect your driving capabilities include:

• Opioids
• Sleep aids
• Antidepressants
• Seizure medications
• Anxiety medications
• Muscle relaxers
• Antipsychotics
• Cold and allergy prescriptions
• Pain medicine

How do you receive a DUI for prescription medications?

While many assume that DUIs are solely related to alcohol or illegal drugs, it is possible to receive a DUI for prescription medications. To issue a DUI, a police officer must have probable cause, meaning a reasonable basis to believe that a crime has been committed.

In order for you to be successfully charged for a DUI due to prescription drugs, the police officer must show proof of a reasonable basis for believing that you were impaired. They may be able to prove that they had this reasonable belief based on how you were driving or how you reacted to the stop. For example, if the medication was causing you to fall asleep and the officer saw your vehicle swerving, they may be able to say that your dangerous driving gave them probable cause to stop you.

Additionally, officers may request blood or urine tests to determine the presence and effect of drugs. The results of such tests can be used as evidence.

What does the prosecutor need to prove?

The prosecutor must prove beyond a reasonable doubt that the driver was impaired by the prescription drug, not just that the drug was present in the system. Proving that you had a prescription drug in your system is not enough to charge you. There must be clear evidence that the medication impaired the driver’s ability to operate the vehicle safely.

What if I need the prescribed medication for a serious medical condition?

Many people who are diagnosed with permanent or temporary medical conditions need to take prescriptions to overcome their illnesses and live healthy and thriving lives. Therefore, it is common for individuals who face these charges to feel lost and confused as they cannot live without their prescriptions but also do not want to give up driving.

However, Maryland recognizes some prescriptions as controlled, dangerous substances, and it is a criminal offense to operate a vehicle while impaired by a controlled, dangerous substance. This means that providing a copy of your physical prescription from your doctor may be able to work as a potential defense, but it will not be enough if you are fully aware of the side effects that the medication causes and its ability to impair your driving abilities.

If you were not aware of the side effects and it cannot be proven that you were aware, there is a possibility that the charges will not hold up.

What are the penalties for a prescription DUI in Calvert County?

According to MD. Code §21–902(d), a person convicted of driving under the influence of drugs (including prescription drugs) may receive a one-year prison sentence and a fine of up to $1,000 for the first offense. For the second offense, a person may receive a two-year prison sentence and a fine of up to $2,000.

If you are facing a prescription DUI charge in Bowie or Dunkirk, Joseph Carey from Carey Law Office can help. Our firm has helped thousands of clients with these types of cases over the last four decades, and we would be happy to help you as well. We will guide you through the legal process, inform you of your legal rights, and create a strong defense to protect you and your future. While this type of case may seem stressful, overwhelming, and even hopeless, a DUI lawyer can look over the facts and details and develop a clear strategy to help you obtain the best results possible. Call our office or complete our contact form to schedule your case evaluation today. Our offices are based in Bowie and Dunkirk, but we serve all of Calvert County.