Can You Get a DUI in Maryland for Taking Prescribed Medication?

Driving under the influence, or a DUI, is a serious crime in Maryland, or in any other state in the United States for that matter. The fact of the matter is that impaired driving puts everyone on the road and near the impaired driver in danger because they cannot react to changing situations as well as they can and may make reckless decisions while under the influence. In fact, there are more than 10,000 drunk driving fatalities in the United States annually.

Because driving under the influence is such a serious crime, citizens of Maryland may be wondering whether they can be arrested and convicted of a crime if they drive while on prescription medication. The answer is that you absolutely can be pulled over and charged with driving under the influence if you are being affected by prescription medication, even if the prescription is in your name. Such circumstances should be treated just as seriously as if you were charged with drunk driving.

For a free, confidential case review, call Rice, Murtha & Psoras’s Maryland DUI defense lawyers at (410) 694-7291.

Medication and Drug-Related DUIs in Maryland

Contrary to what some may believe, you can get charged with a DUI for much more than driving while drunk.

The reason that drunk driving is criminalized is because it makes things dangerous for everyone around the drunk driver. This is because they cannot make the best decisions while intoxicated and may not be able to effectively control and handle their vehicle. Some drugs and substances can have the same effects on a person as being drunk, so it will be just as dangerous to be behind the while under the influence of drugs as it is to be behind the wheel while under the influence of alcohol.

Driving while under the influence of drugs is criminalized under Md. Code, Transp. Art., § 21-902. This law makes it so that it is illegal to drive while under the influence of any drug that makes it so that you are unable to drive your vehicle safely.

Are You able to Drive in Maryland while Taking Prescription Drugs?

Maryland law criminalizes driving under the influence of prescription drugs. Per Md. Code, Transp. Art., § 21-902(d), it is illegal to drive while being affected by any controlled or dangerous substance that the individual is not entitled to use.

Controlled Dangerous Substances

“Controlled dangerous substances” is defined under Md. Code, Crim. Art. § 5-101(g) as any substance listed on Schedule I through Schedule V. Schedules are tiers of controlled substances that are generally categorized by how addictive and dangerous they are. Schedule I substances generally have no medicinal value and are incredibly addictive, like ecstasy heroin, and quaaludes. Lower schedule drugs will be less dangerous and may have medical uses, with Schedule V substances containing many over-the-counter medications in common use.

Prescription Drugs and Driving

When you are using prescription medication in Maryland, it is important that you regulate your driving habits so that you are not driving under the influence of that medication. In fact, Md. Code, Trans. Art. § 21-902(C)(1)(iv) explicitly says that it is not a defense that you were taking the drug legally when you were driving under the influence.

Many prescription medications can have significant side effects, especially if they are potent and combatting a serious condition. Some side effects are more impactful on driving performance than others. For example, a prescription medication that makes you very tired or causes involuntary muscle spasms will have much more of an impact on safe driving than a prescription medication that causes a greater frequency of urination or pimples and/or acne as a side effect.

Even though it might be legal to take the drug or have the pills in your hand, if it affects your ability to drive safely, you cannot take the drug and then drive. The warnings on your medication will usually say that you cannot drive on the medication or that you cannot operate heavy machinery (which includes cars).

Over-The-Counter Medication and Driving

It is also possible to get a DUI while under the influence of over-the-counter medication if it affects your driving. Be sure to read the labels of any medication you are taking to see if it warns against drowsiness or to avoid operating heavy machinery while taking it, as if you are pulled over, and such medication is found in your system, you may be facing DUI charges.

Again, just because the drug is legal to take does not mean you can legally drive while on that medication.

Penalties for Driving Under the Influence in Maryland

Driving under the influence has serious criminal penalties attached. This is no different for if you are convicted of driving under the influence of prescription drugs. Per Md. Code, Transp. Art., § 21-902(d), anyone convicted of driving under the influence of a dangerous controlled substance, which includes prescription drugs, can be convicted of up to one year in prison and up to $1000 in fines for a first offense or up to two years in prison and up to $2000 in fines for subsequent offenses.

DUIs in Maryland can have penalties beyond those outlined in this statute. You may have your license suspended for a period of time or even revoked entirely. Additionally, you may have a breathalyzer installed in your vehicle, even though you were not under the influence of alcohol while driving. Finally, you may be prevented from doing certain jobs that involve driving while you have a DUI on your record. Therefore, it is important to promptly get legal help for your situation.

Talk to Our Maryland DUI Defense Lawyers Today

Rice, Murtha & Psoras’s Baltimore DUI defense lawyers are ready to give free, confidential case reviews when you call (410) 694-7291.