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 Iamele & Iamele LLP. Baltimore Personal Injury Lawyers
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How Prescription Drugs Can Lead To DUI Or DWI Charges

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When most people think of DUI or DWI charges, they imagine someone getting behind the wheel after consuming alcohol or illegal drugs. While that is the case in many situations, it is also possible to face charges after taking a medication prescribed by your doctor.

Facing DUI or DWI charges due to a prescribed medication can be a confusing and frightening experience. With the help of a skilled Baltimore criminal lawyer, you can build a strong defense to challenge the evidence against you and work toward a favorable outcome. Understanding how to defend against these charges is essential for protecting your rights and avoiding serious consequences.

Legal Standards and How Charges Are Determined

In Maryland, driving under the influence or while impaired by drugs isn’t limited to alcohol or illicit substances. The law also applies to prescription medications if they impair your ability to drive safely. Some commonly prescribed drugs can cause side effects like drowsiness, dizziness, or slowed reaction times, which can affect your driving.

Medications that can lead to impaired driving include:

  • Often prescribed for pain relief, these drugs can cause drowsiness and impair cognitive function.
  • Used to treat anxiety or insomnia, these medications can slow your reaction time and affect coordination.
  • Common in allergy medications, these can cause drowsiness, especially when taken in higher doses or combined with other sedatives.
  • Some types of antidepressant medications can cause sedation or dizziness, particularly when you first start taking them or when the dosage is adjusted.

Even if you’re taking these medications as prescribed, you can be charged if a law enforcement officer believes they have impaired your ability to drive.

In Maryland, a DUI charge typically involves a blood alcohol concentration (BAC) of 0.08% or higher, while a DWI can be charged with a BAC between 0.04% and 0.07%. Yet when it comes to prescription drugs, the determination of impairment is more subjective.

Law enforcement officers may conduct field sobriety tests or rely on their observations, such as erratic driving, slurred speech, or an inability to follow instructions, to assess impairment. In some cases, they may request a blood test to detect the presence of drugs in your system.

Defending Against Charges Involving Prescription Drugs

If you’re facing DUI or DWI charges after taking a prescribed medication, know that the prosecution’s case usually hinges on the arresting officer’s observations. An experienced Baltimore criminal lawyer can scrutinize these observations.

Also, because field sobriety tests are not always reliable, your attorney may be able argue that the test results were not an accurate reflection of your ability to drive. In some cases, a medical expert can explain the effects of your prescribed medication and demonstrate that you were not impaired while driving.

Should your prescriptions be part of your defense strategy? After an arrest, bring all the details of your situation to the attention of the attorneys at Iamele & Iamele, LLP to explore what defense strategies could be available. Contact us today to schedule a confidential consultation.

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