Prosecution of Baltimore DUID Charges

Generally speaking, it is going to be harder to prove drug impairment than alcohol impairment. Most officers are not specifically trained in the detection of drug impairment like they are for DUI alcohol impairment and the officers that are trained have to go through a special course to be trained as a drug recognition evaluator (DRE) in order to be able to give their opinions.

For these reasons, the state generally has a significantly harder time proving an impaired-drug case than an impaired-alcohol case, which is not to say that they are never able to do it, it is just generally more difficult for them which is another reason a Baltimore DUID lawyer is important.

Difference Between Alcohol and Drug DUIs

Procedurally there is going to be no difference at all. The cases are going to be heard in the same courts, namely the District Court for the jurisdiction where the offense is alleged to have occurred.

In addition, the standards of evidence are going to be exactly the same as prosecutors in both cases have to use Maryland’s rules of evidence. The standard of proof is also going to be the same, so it is always going to be proof beyond a reasonable doubt. And what the officers have to prove for drug impairment versus alcohol impairment is very similar, as long as the alcohol impairment case does not involve a Breathalyzer test.

In any of those cases the state is going to need to prove that the individual was operating a motor vehicle, or essentially that they were driving. Then, the state is also going to need to prove that the individual was impaired or under the influence. They will have to prove that whatever the individual took, be it alcohol or drugs, affected their ability to safety operate that motor vehicle.

Impact of Mixing Drugs and Alcohol

That is actually specifically enumerated in the DUI statute; it is a Maryland Transportation Article 21-902(c) offense. It covers impairment from a combination of alcohol and medication. There is a specific charge in Maryland for that type of impaired driving. The penalties mirror the penalties for the lesser DUI alcohol offense, or the DWI offense, which are a maximum of 60 days incarceration and a $500 fine for the first offense.

Can a Safe Amount of Prescription Drugs Mixed With a Glass of Wine Still Get Someone in Trouble?

Absolutely. This is true because there is no specific “per se” limit for drug-impaired driving. This means an individual can still could register a .02 and be convicted under the 21-902(c) offense, if the state is able to prove that there was impairment caused by interaction of even a minimal amount of alcohol and a drug.