Maryland Prescribed Medication & Impaired Driving

Answer: Yes. And it happens often. That’s why whenever you get a prescription that can impair or does impair, it usually says something like, “be careful with motor vehicles,” you know, or, “may cause drowsiness” or may cause whatever the issue is. I’d say a majority of driving while impaired by drugs are often prescribed medications.

Now, it is, it can be somewhat hard for the state to prove that someone is actually impaired by a medication that they normally take. One way to do that would be a blood draw where they would prove that there’s a certain number of, certain amount of say Xanax or alprazolam or any prescribed medication, any opiate medication. So it is hard, it is hard for the state to prove those cases, especially if it’s prescribed. But, yes, you can get a DUI.

We saw a string of DUIs, and some of the scariest DUIs we get are Ambien DUIs, where a person has taken an Ambien, say, to take a nap, and then they wake up in the police station. So we’ve had a lot of issues where someone causes multiple car accidents, doesn’t even remember getting into the car, but you know, they took it and they took it as they’re supposed to, but they shouldn’t, you know, they took it during the day and for some reason got up and sleepwalked into the car and drove.

So, yes, you can absolutely get a DUI on medication that you’re prescribed. You have to use it the way you’re supposed to use it, but anything can actually impair you. You know, if it’s any medication that does affect eyesight or drowsiness or anything like that—we also get a lot of people who end up with DUIs as a result of pain pills, sometimes they mix them with other things, and you just don’t know how your body will react. So, if you are impaired by a substance that would be considered a drug, whether it’s prescribed or not, the state just needs to prove the impairment and prove that you have a certain amount of the substance in.

It is hard for them to prove a prescription case, because the mere presence of it doesn’t prove that you were impaired. But, they can do so, but they would need a scientist or toxicologist to say, for example, what level of Xanax in the system would prove impairment. And they try to do that with a DRE as well, which is a drug recognition expert. There’s very good ways to attack a DRE report. It’s not really all that scientific, so. But you can get a DUI by taking medication that you are prescribed.

Popular DUI/DWI Topics

› Frequently Asked DUI Questions and Education

› Payment Plans and Financing a DUI

› DUI/DWI Legal Fees

›  Example DUI/DWI Case Results

› Pleading Guilty and Going To Jail

› Do I need a lawyer? Can’t I represent myself in my Maryland DUI/DWI case?

› Appear in Court for DUI charge

› Do most DUI/DWI cases go to court in Maryland?

› Do most DUI/DWI cases go to trial in Maryland?

› Can you explain the MVA hearing in Maryland?

› What is the look back period for a DUI/DWI in Maryland?

› Will a DUI/DWI in Maryland cause a person to lose his job?

› Will a standard background check show a DUI/DWI arrest and/or conviction in Maryland?

› How accurate is the preliminary breath test in Maryland and am I required to take it?

› How accurate is the official breath alcohol test in Maryland?

Free Case Evaluation

DUI/DWI Defenses and Court

› What are some common tactics that you use to get a DUI case reduced or dismissed in Maryland?

› Do you review the police report in preparing for a Maryland DUI case? Can you attack the police report as part of the defense?

› Why would an innocent person plead guilty to a DUI/DWI charge in Maryland?

› Are there alternative or therapeutic courts available in Maryland?

› What are some ways to attack the field sobriety tests in Maryland DUI cases?

› DUI Charge & Pleading No Contest

› Why would you need an expert witness in a DUI case in Maryland?

Penalties

› Can you explain the penalties for a first offense DUI in Maryland?

› What are some of the repercussions later in life from a DUI conviction in Maryland?

› Will a DUI/DWI conviction in Maryland affect my credit score?

› If my license is suspended due to a DUI arrest, can I get any type of restricted or limited driving permit in Maryland?

› Are there any places that I cannot drive to with a restricted driver’s license in Maryland?

› What is an ignition interlock device and when might one be required in Maryland?

› What is the average cost of a Maryland ignition interlock device?

› DUI Accidental Death Penalties

› DUI Causing Injury Penalties

› Under 21 DUI Consequences

Roadside Test & Police

› What happens if you refuse the roadside breath test in Maryland?

› What should I say if a Maryland police officer asks if I have been drinking?

› Are Maryland police reports ever inaccurate?

› How will body cameras worn by police officers impact the way that Maryland DUI/DWI investigations are conducted?

› What is the difference between a hospital blood draw and a police blood draw in Maryland?

› How do police conduct drunk driving investigations in Maryland? What are they looking for?

› Can there be other causes for the physical signs of intoxication?

› What role does the police report play in a Maryland DUI/DWI case?

› Should I record a traffic stop with my smartphone? Can the video be used as evidence?

› Do police have to be within their jurisdiction to pull me over for DUI in Maryland?

› DUI Roadblocks or Checkpoints

› Odor of Alcohol & DUI Reports

Laws

› What does probable cause mean in Maryland?

› Can you explain what “per se” means in Maryland?

› What does implied consent mean in Maryland?

› Are there any recent or upcoming changes to the DUI/DWI laws that people should be aware of in Maryland?

› Can a Maryland DUI/DWI charge affect my right to vote, carry a weapon, or other rights?

› Noah’s Law Impact on DUI Cases

Field Sobriety Tests & Defenses

› Is refusing to take a breath test considered a criminal act in Maryland?

› Are there ways to contest the blood test in Maryland?

› What are the repercussions for refusing the official state breath test in Maryland?

› What is the impact of a BAC number whether it is above or below a .08 in Maryland?

› Can a fever affect a Maryland DUI blood or breath test?

› Can the way a person blows into the Maryland breath test machine impact the results?

› Is it better for my case if I to fail the breath test or if I refuse a Maryland DUI breath test?

› Can you explain the Maryland HGN test?

› What are some defenses you have used for a client who failed the horizontal gaze nystagmus test in Maryland?

› Can you explain the Maryland one leg stand test?

› What are some defenses you have used against the one-leg stand field sobriety test in Maryland?

› Can you explain the Maryland walk and turn test?

› What are some defenses for someone who failed walk-and-turn test in Maryland?

› What are some defenses you have used for a client who failed the roadside breath test in Maryland?

› Can I request an independent breath or blood test in Maryland?

› What are some medical conditions that could affect the breath alcohol test in Maryland?

› Can you explain the Maryland breath test observation period?

› Can you discuss the issues surrounding the Supreme Court case of Birchfield v. North Dakota and its implications for Maryland DUI cases?

› Required to Take Field Sobriety Tests

› Non-Standardized Field Sobriety Tests

› Refuse Field Sobriety Tests

› Sobriety Checkpoint

FAQ

› What is the first thing a person should do after a DUI/DWI arrest in Maryland?

› What can you do to be proactive about your pending DUI case in Maryland?

› Do I need to hire an attorney from the area in which I got the DUI?

› What are the potential penalties for boating under the influence (OUI) in Maryland? Could a conviction impact my regular drivers license?

› Can you explain a rising blood alcohol level in Maryland?

› What is mouth alcohol in Maryland?

› What happens if I plead guilty to DUI/DWI in court in Maryland?

› Can being nervous impair a person’s driving ability?

› Can I be charged with DUI if I am on private property in Maryland?

› What are the laws in Maryland regarding boating under the influence?

› Difference Between DUI and DWI

› DUI Reported Licensing Board or Commission

› DUI Charge Impacts Professional Licenses

› Represent Medical Doctor at Disciplinary Hearing

› DUI Charge but Live in another State

› Out of State DUI

› Anonymous DUI Call

Non-Driving DUI

› Do I have to be driving a vehicle to be charged with DUI in Maryland?

› What are the factors considered in a non-driving DUI case in Maryland?

› How might a keyless ignition impact a non-driving DUI charge in Maryland?

 

Drug Related Offenses

› Can you explain drugged driving in Maryland?

› How do Maryland police show impairment in marijuana DUI cases?

› Prescribed Medication & Impaired Driving

About the Firm

› What sets Bruce Robinson & Associates apart from other DUI/DWI attorneys and firms in Maryland?

› What made you interested in practicing law and DUI defense specifically?

› Can you discuss several of your most recent Maryland DUI/DWI case wins?

› What sets Bruce Robinson apart from other DUI attorneys in Maryland?