Anne Arundel Prescription Drug DUI Lawyer
A prescription drug is any type of medication that can be purchased lawfully with a prescription from a doctor. While these drugs are legal for consumption with the proper prescription, it is still illegal to drive while under the influence of any substance that impacts a person’s ability to operate a motor vehicle. Individuals who are charged with driving while using prescription medication should speak with an Anne Arundel prescription drug DUI lawyer. A well-practiced attorney could explain your legal rights and build your defense case.
Scenarios Commonly Linked to Prescription Medication DUIs
The mere consumption of a doctor prescribed drug does not prohibit a person from driving. The issue is whether the prescription drug can affect and impair someone’s ability to safely operate a motor vehicle. While many drugs could cause impairment, the most common involved in DUI cases include muscle relaxers, such as Flexeril, and opiates, such as Oxycontin.
Benefits of Contacting a Prescription Drug DUI Lawyer
Anyone charged with a prescription drug DUI should immediately contact an experienced criminal defense attorney. Only a lawyer may know the specific legal elements of an offense and what defenses to raise at trial. A non-attorney might have great difficulty trying to defend against the charge when they themselves are the accused, much less not having the knowledge of what it would take to get to that point. There is a great misconception regarding prescription drug use and driving. Many individuals believe that since they are prescribed something, they can lawfully take it and drive.
As a comparable example, alcohol is not illegal to consume yet it is illegal to drive while under the influence of it. Any prescription can be problematic and is seen very differently because of its addictive and dangerous nature. That being said, there are still different elements that prosecutors must prove that are unknown to most individuals. Just because someone knowingly took a prescription drug does not make it unlawful unless they somehow knew they should not be taking it.
There are other variations and contexts both with prescription drugs that a person can lawfully take and those that they are not prescribed. There are still various elements that would have to be established, and different sub-categories of DUI that can be charged above and beyond alcohol-related DUI charges.
How a Person Could be Charged With a Prescription Drug DUI in Anne Arundel
A charge is an accusation. While many individuals believe that they have criminal records because they have been charged, this is not true. A person ends up with a criminal record only if they have been convicted of a crime. To be charged for a crime does not require as much evidence as it does to convict somebody. As a skilled prescription
- Is driving erratically
- Has prescriptions on them
- Has admitted to consuming prescriptions
- Is behaving in a way that seems erratic
- Appears sluggish or impaired
The only way for a passenger or other person in the car to be charged with a DUI would be if they were the driver and tried to switch seats. This occurs quite often.
What Must the Prosecution Prove to Secure a Conviction?
To convict a person of prescription drug DUI, the prosecutor must prove one of the sub-categories of prescription drug DUI. This includes proving:
- That they are impaired to the point where they cannot drive safely
- They are otherwise under the influence
- Their normal coordination has been affected or compromised
- That a prescription caused this condition
Certain prescriptions can be for cancer and have no impairment effect. While certain individuals may have reason to consume it, it is not whether they consume it; it is whether they are impaired or under the influence of any particular substance. That is what matters. The prosecutors must explain that the person consumed the medication and was either impaired or influenced by it negatively.
Typically speaking, side effects are not expected and most individuals hope they do not have them. However, certain side effects are almost implicit in these substances. If an individual takes a heavy narcotic, a side effect such as an altered state could follow the pain relief. That being said, it must be established by the State that the person was aware of that narcotic or affected state they could be in by consuming the substance.
Accountability for Consuming Medication Required to Function
If an individual relies on medication to function, they are not treated any differently than anyone else who is under the influence of a drug and driving. A person’s lawful ability to take a certain medication and their need to use it to function in daily life does not give them free a reign to drive. This rule is in place for their protection and for the protection of others. Others people are more at risk if a person is driving while impaired or sluggish and are not at their best or sharpest when behind the wheel of a vehicle that could kill someone.
How Frequently do People Mix Up Prescription Medications?
People do not regularly mix up medication. They typically know what they are taking. As an
More frequently, DUIs occur with rare or sporadic users of medication. An individual who only occasionally has a flare-up of a chronic condition, which includes arthritis or back pain, that does not use any pain medication very often might not anticipate such effects. Someone who just suffered a recent injury and has no experience taking certain medicines or is taking it for the first or second time might not know what to expect and may find themselves in an altered state.
Potential Penalties for Prescription Drug DUI Charges
Penalties for prescription drug DUI charges are much the same as a DWI for alcohol, which is 60 days in jail and/or a $500 fine on the low end. If the person charged with a prescription drug DUI does not have a valid prescription, they may also be charged with possession of the drug itself. This could carry up to a year of incarceration separate from the DUI charge.
Role of a Drug Recognition Expert in a Prescription Drug Drunk Driving Case
The expert in a prescription drug DUI is known as a DRE, or a Drug Recognition Expert. The DRE will examine and assess various factors to determine whether a person is impaired or not. An individual under the influence of medication or any other narcotics will not necessarily exhibit the same physical symptoms as being under the influence of alcohol. These symptoms include:
- Bloodshot eyes
- Glassy eyes
- An odor of an alcoholic beverage
- Slurred speech
Since being under the influence of medication or other narcotics may have other factors, there are various tests that are conducted. These are specific to drug analyses to consider whether someone is impaired or under the influence based on their performance of these tests. These tests look for:
- Pulse rate
- Perspiration
- Pupil dilation
- Responsiveness
- Acuity of fingers to point
- Dexterity
Importance of Providing All Prescription and Medical Information to the Defense Attorney
A prescription drug DUI attorney in Anne Arundel must know the specific prescription drugs that were used, must have familiarity with the drug, and the effects on the human body. They must also be familiar with the examination and assessment of a DRE to determine the weaknesses and strengths of the State’s case and all mitigating factors. All of this information is necessary for the attorney to know to be able to properly defend and represent the defendant in a case of this nature.
No matter what the person was on, it is imperative for the attorney to know everything. If someone was taking a substance they should not have been taking, it does create a difference to make a distinction between someone who is lawfully taking a substance they should not take while driving or someone who had no business taking it to begin with. One is maybe an addict; the other one is someone who just uses it to treat themselves and just needs to know how to drive next time.
Definition of Driving in the Context of Anne Arundel DUI Cases
The term driving is a misconception. It is not drinking and driving; it is being in control of a motor vehicle while under the influence. A person could be in a parked car, a vehicle that is parked, seatbelt on, not touching the gas or the steering wheel, and still be in control of the vehicle. Since the question is regarding control of the vehicle and not so much driving of the vehicle, this could give rise to a DUI charge.
If they are in the driver’s seat with the key in the ignition and the engine running, it does not matter if it is in a parking lot, driveway or just on the side of the road; it would be considered a DUI.
To prove driving, the prosecutor must show that the person was in control of the vehicle. If the defendant is smart enough to know not to say anything, the officers may not be able to prove that they were driving at all or how recently they were driving, and, consequently, it would likely be thrown out even if charged with a DUI.
Locations Where an Individual Could be Arrested for a DUI
Other than a road, there are numerous places that an individual could be arrested for drunk driving. if there is a report of an accident, the police could go to a person’s home three hours later and charge them with a DUI. Defendants could still be arrested for hit and run and other offenses. This typically falls within the requisite timeframe and protocol of what must be met.
While people may be arrested just walking from their car, there must be connectivity to the driving and their state of being. If someone pulls up to their home and the police come over 20 minutes later, they must be able to establish that the person did not drink afterwards. Even if they had been drinking earlier, it does not matter. The question is more what their state of being was at the time of the incident and that they were last driving.
If they even had two more drinks after, or 10 drinks earlier, it does not matter. There would be enough uncertainty to prevent or make it more difficult for a prosecutor to go forward on any kind of
DUI arrests typically happen on roadways when there is a traffic infraction that the police see or when there is an accident. There are times when the police come to a vehicle that is parked and a person is passed out in the vehicle, or a concerned citizen sees someone passed out and the police are called. A person typically passes out due to too much alcohol consumption.
Police Patrols Near Bars or Restaurants in Anne Arundel
While law enforcement generally patrols around bar and restaurant areas, they cannot pull a person over on suspicion of DUI. There must be some basis like erratic driving or some traffic infraction. Officers may see a person leaving a bar and are allowed to simply follow them. As soon as the person commits even a minor infraction, which could include not using their turn signal or using their cell phone while driving, the police can act accordingly. This is true even if the ultimate reason is pre-textual and they see that the person is impaired, as long as it is a valid reason for the stop itself.
Contesting Allegations of Driving a Vehicle
Whether a person could contest that they were driving a vehicle would depend upon the evidence. If there are eye-witnesses or if a couple of police pulls over the charged person, they could testify that the person was in fact driving. In certain cases, there is an incident where it is not clear who was driving. This could occur in a hit and run accident in which people get a plate number of the vehicle that left the scene. The officers would go to the residence of the person 50 minutes later and their car may be out front. The defendant might answer the door and will not admit to driving the vehicle, and the police officers cannot prove it, even if the person is home alone and is the registered owner of the vehicle.
While officers may speculate as to who was driving, the courts do not allow such speculation to uphold a conviction. It typically depends upon the nature of the evidence and who saw what.
Hire an Accomplished Anne Arundel Prescription Drug DUI Attorney
It might be crucial for individuals facing prescribed medication DUI cases to speak with an Anne Arundel prescription drug DUI lawyer. An intelligent attorney could explain how a person was charged with drunk driving, review the case that was filed against them, and gather evidence to protect defendants against the legal consequences of a conviction. Contact an adept attorney today and begin your legal defense.