Annapolis DUI Drug and Alcohol Interactions
Mixing drugs and alcohol will adversely affect the way that a DUI is prosecuted and/or defended. If there is evidence of both substances in an individual’s system, depending on the drug, it can incite certain penalties on behalf of the individual accused. If the person was taking a legally prescribed drug, but the label specifically indicated that they should not mix it with alcohol with, an individual can face severe consequences.
If you are facing a criminal charge that resulted from the mixing of drugs and alcohol, it is pertinent that you consult with an attorney immediately. An experienced lawyer in Annapolis can assist in lessening the penalties associated with your charge stemming from a DUI drug and alcohol interaction.
Severity of an Interaction
The interaction of drugs and alcohol is dangerous for a person’s body. Further, it can enhance any side effects or impairment that could be related to the drug use itself. If the state has to prove every element of statute 21-902-A1, that the individual was driving under the influence of alcohol, but they do not have the alcohol, it is often difficult to prove.
A person can also be charged under statute 21-902-D1, which is driving or attempting to drive a vehicle while impaired by a controlled and dangerous substance, but the state may not be able to prove all of the elements of this. However, under statute 21-902-C, a person can be charged with driving or attempting to drive a vehicle while impaired by drugs or drugs and/or alcohol.
If a judge finds reason to believe that an individual was under the influence of a drug and alcohol interaction during a DUI stop in Annapolis, they can be charged with a crime. In this case, an individual is looking at a 60-day maximum jail sentence and a $500 fine. If a person is repeat offender, that 60 days can be increased to a year.
The more substances an individual puts in their body, the more they will open themselves up to further prosecution if a person gives the state more things to present.
The defense may claim that there was an odor of alcohol, but their client blew an amount that is under the legal limit. They could also claim that the individual took the drug, but took it as prescribed. Drugs that are legally prescribed, or over the counter, tell an individual that they can take a certain amount in such a window of time, which is called a half-life. This means that a person can take this drug with the expectation that it will break down in eight hours, and in that eighth hour, it will be out the person’s system.
However, if an individual adds alcohol in the mix, they are going to delay the half-life of the medication. The body will not be able to break it down in the given amount of time, so it will take longer to get out of the person’s system, and this could cause impairment.
It is very difficult to prove involuntary intoxication, though this could be a defense. If a person can provide an overwhelming amount of substantive proof that in no way shape or form would they have been able to know of their intoxication could the defense be effective.
The defense itself is tough to prove because the individual must prove that something very irregular happened, and the body reacted in a way that was not normal. This defense is best approached with the assistance of an expert.
Contacting an Attorney
There are a lot of ways that an attorney can argue a charge stemming from a drug and alcohol interaction at a DUI stop in Annapolis. An attorney must focus in on the absolute drug itself, the interaction with the human body, and what could impede on its breakdown. If the defense can provide substantive proof that it could not have been anything to cause impairment, the defense can win.
During a charge resulting from a drug and alcohol interaction at a DUI stop in Annapolis, an individual will need an attorney who understands the science behind the interaction and how to properly go about building a case.