How Can Police Tell if You Are Driving High in Maryland?

Marijuana use has become a complicated issue around the country, and Maryland is no exception. What is not complicated is that driving high, whether the substance was legally prescribed, is against the law in Maryland.

If you are driving high, you can be stopped and charged with a DUI, just as if you had been drinking. However, telling whether a driver is high is not as easy as spotting a drunk driver. Thus, police officers have developed a few techniques to test whether a driver is high. While some of these tests can be definitive, many of them are subjective, leaving a great deal of room to argue against your charges.

For a free case review with our Baltimore DUI defense attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

How Do Maryland Police Know if You Are Driving High?

With the changing landscape of marijuana laws in Maryland, there is an increasing need to understand the implications of marijuana-impaired driving. Despite the varying degrees of legality for marijuana usage, all states, including Maryland, prohibit driving under its influence because of the risk it poses to road safety. If you have been arrested for driving high, our Easton DUI defense lawyers are here to help protect your rights and review the state’s case. Law enforcement in Maryland employs various tactics to detect drivers impaired by marijuana, just as they do with drunk drivers, which we can challenge.

Observe the Driver’s Behavior and Appearance

The detection process often begins with keen observation of a driver’s behavior on the road. Law enforcement officers are trained to spot signs of impaired driving, ranging from excessive speed, erratic or aggressive driving, and slow response to traffic signals to swerving or straddling lanes. These behaviors can prompt an officer to initiate a traffic stop for further investigation.

Once a traffic stop is initiated, the officer will engage the driver in conversation while observing them for physical signs of marijuana use. These might include bloodshot eyes, delayed reaction times, lack of coordination, and the smell of marijuana.

Field Sobriety Tests

To further assess a driver’s level of impairment, an officer might administer field sobriety tests. These tests evaluate a driver’s physical and cognitive abilities to perform tasks that require focus, balance, and coordination, all of which can be compromised by marijuana use.

Drug Recognition Experts

In situations where impairment is suspected but not identifiable, a drug recognition expert might be brought in. Drug recognition experts are officers specially trained to recognize signs of impairment from various types of drugs, including marijuana. They typically utilize a standardized 12-step evaluation process that includes a breath alcohol test, eye examinations, divided attention tests, and more to determine drug impairment.

Chemical Testing

Additionally, law enforcement might resort to chemical tests to detect marijuana use. While breathalyzer tests are commonly used to detect alcohol levels, they cannot detect marijuana. Instead, a blood or urine test might be conducted. These tests can detect the presence of THC, the psychoactive component of marijuana, in a person’s system.

What Are the Penalties for Driving High in Marland?

In Maryland, a person can be charged with driving under the influence (DUI) if they operate a vehicle while significantly impaired by any drug as per MD. Code, Transp. Art. § 21-902 (c)(1). While similar to a DUI, driving while impaired (DWI) generally refers to a lesser level of impairment. In Maryland, a person can be charged with a DWI if they are found to be operating a motor vehicle while their driving ability is even slightly compromised by marijuana. This means that even if a driver’s level of impairment does not reach the threshold for a DUI, they could still be charged with a DWI.

Further, Maryland’s medical cannabis laws do not legally entitle any person to use cannabis while driving, regardless of a prescription. Despite its legal use for medical purposes in Maryland, driving under the influence of marijuana is illegal and can result in a driving under the influence of drugs (DUID) charge.

First Offense

The first offense is classified as a misdemeanor and can result in a jail sentence ranging from two months to one year. However, the court might decide to impose a fine instead of jail time. This fine could range from $500 to $1,000. Additionally, the offender’s driver’s license could be suspended for up to 45 days. The offender will also need to successfully complete a drug/alcohol education program. If a minor was in the vehicle at the time of the DUI conviction, the penalties increase to up to two years in jail and a $2,000 fine.

Second Offense

For a second offense, which is still classified as a misdemeanor, the individual might face up to two years in jail. However, a fine might be imposed instead of jail time. The mandatory minimum jail time for a second offense is 48 hours. Fines can reach up to $2,000, and the offender’s driver’s license can be suspended for up to 90 days. Again, the offender will need to complete a drug/alcohol education program. If a minor was present in the vehicle at the time of the offense, the penalties increase to up to three years in jail and a $3,000 fine.

Third Offense

In the case of a third offense, the offender might face up to three years in jail, although a fine could be imposed instead. Fines can reach up to $3,000, and the offender’s driver’s license can be suspended for up to 18 months. The offender will once again need to complete a drug/alcohol education program. If a minor was in the vehicle at the time of the offense, the penalties become even more severe, with up to four years in jail and a fine of up to $4,000.

What Are the Limitations of Identifying Impaired Drivers in Maryland?

Unlike alcohol, where impairment can be easily measured through breath or blood tests, detecting marijuana impairment presents unique limitations. While Breathalyzer tests provide a reliable measure of blood alcohol content (BAC), there is currently no equivalent roadside test for marijuana. Blood tests can detect the presence of THC but, as mentioned earlier, cannot accurately determine the level of impairment.

Inconsistent legal limits for marijuana impairment further complicate the issue. Some states have set per se limits for THC, much like the .08 BAC limit for alcohol. However, because of how THC is processed in the body, these limits often don’t correlate well with impairment. In Maryland, there is no specific legal limit, and the presence of any amount of THC can be used as evidence of impairment. This lack of a defined limit can lead to inconsistencies in how cases are prosecuted.

In the absence of reliable testing methods, law enforcement often relies on subjective assessments to determine marijuana impairment. However, these assessments are inherently subjective and can vary widely between officers, leading to potential bias and questions about fairness, which can be challenged in court.

Our Maryland DUI Defense Attorneys Can Help Defend Your Case

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our Annapolis DUI defense lawyers.