Maryland DUI Drug Defenses
DUI drug charges are taken very seriously in Maryland, and have the potential to heavily impact both your criminal and driving records for a very long time. For this reason, if you have been charged with a DUID in Maryland, an experienced Maryland DUID attorney will be able to help you understand the seriousness of the charges you are facing and develop the strongest possible defense.
Involuntary Intoxication as a Defense in Maryland
In Maryland, it is incredibly difficult to prove that you were not aware that you were under the influence. One possible scenario is that you were at a party, and you did not know how strong the drinks were due to a drug being slipped into them without your knowledge or consent. However, this potential defense is difficult to prove without a blood test or other physical evidence.
If you were unaware of how a drug would impair you, you can try to use an involuntary intoxication defense, but that is also incredibly difficult—possibly the most difficult. It is only a valid defense in the state of Maryland if you can prove that you were taking the medication as prescribed or directed (if it was an over-the-counter drug) and you were completely unaware that the drug would make you incapable of driving safely on the road because that drug had no warning or it stated that it would not cause drowsiness or impair your ability to drive.
Similarly, if you took a combination of drugs—maybe something that you normally take along with something else you were getting for the first time—and the combination had an adverse effect, that is another way that you can try to mount an involuntary intoxication defense.
Unexpected Drug Interaction
An unexpected interaction between drugs can be used as a defense. For instance: you have been regularly taking a drug prescribed to you by a doctor and then suddenly become ill or have another medication prescribed to you and no one in the doctor’s office or pharmacy thought to look it up, neither the doctor nor the pharmacist warned you, and the drug has no side affects or warning. In this case, you may be able to show that you had no intent or expectation of driving under the influence because you did not know there would be an interaction. Again, this is difficult to prove, but it is a potential defense.
Intent and DUI Drug Charges in Maryland
In certain instances, intent can matter in a DUI defense. Generally, if you are taking drugs, you should know you are doing so. But if you did not take a drug and somehow it got into your system, how it got there is going to be very important because you are arguing that you would never have gotten behind the wheel of a car knowing that you were under the influence.
That defense can work if you have no pattern or history of using the drug. You do not do drugs, and yet you are stopped and a blood test shows the presence of drugs in your system. How did they get there? If it was not by you and it was by someone else, that is a possible defense.
Regardless of the type of defense a person goes for when they are facing a DUID charge, it is beneficial to their case to have an experienced and aggressive Maryland DUI drug attorney by their side. Experience from years of practice handling similar cases is a benefit that a person cannot find from another source. Additionally, a local lawyer will understand the legal processes and quirks in the area’s courts. They may even be able to use that knowledge to your benefit.