Driving under the influence of drugs is a serious offense in Maryland. Whether the drugs are prescription medications, illegal substances, or cannabis, if they impair your ability to drive, you can face significant consequences. At Hartman Attorneys at Law, we know how overwhelming a DUI drug charge can be. With the right legal support, we can work to protect your rights and future in the face of these charges.
What Is a Drug DUI?
A drug DUI is the offense of driving while impaired by drugs, including prescription medications and illegal substances. Maryland law doesn’t just cover alcohol—it includes any substance that impairs driving ability.
Impairment is the key factor. Even if you have a prescription for a drug or use cannabis legally, it’s still possible to face a DUI charge if your ability to drive is compromised. This is especially important with cannabis, as it may remain in your system long after its effects have worn off.
Penalties for Drug DUI in Maryland
In Maryland, there are two separate offenses for driving under the influence of drugs, each carrying serious penalties:
- Impairment Due to Drugs and Alcohol (Maryland Code Section 21-902(c))
Driving while impaired by drugs, whether legal medications or illegal substances, is prohibited. This includes a combination of drugs or drugs and alcohol. If convicted, you could face up to 60 days in jail and a $500 fine.
- Impairment Due to Controlled Substances (Maryland Code Section 21-902(d))
This is a more serious offense if you are impaired by controlled substances such as marijuana, cocaine, amphetamines, and other illegal drugs defined under federal law. The penalties are up to 12 months in jail and a $1,000 fine.
Additionally, a conviction can lead to a license suspension, restricting your ability to drive. These penalties can vary depending on the specifics of the case, including whether there was an accident or prior offenses.
Cannabis-Related DUI Charges
Cannabis-related DUI charges are becoming more common in Maryland as marijuana use increases. Unlike alcohol, there is no legal limit for THC levels in the blood, which makes cannabis-related DUI cases complex.
Although cannabis can impair driving by affecting coordination and reaction times, it stays in the system longer than alcohol. This complicates determining whether a driver was impaired at the time of the stop. We can help you challenge the evidence, as the presence of THC does not automatically prove impairment.
How Drug Impairment Is Determined
When law enforcement suspects that a driver is impaired by drugs, they typically perform several tests to assess impairment:
- Field sobriety tests (FSTs): These tests evaluate your physical and mental coordination.
- Blood or urine tests: If an officer suspects impairment, they may request a blood or urine test to detect drugs.
- Drug recognition expert (DRE): In cannabis-related cases, a trained DRE may evaluate your behavior and determine if drugs are the cause of impairment.
It’s important to note that a positive test result does not guarantee a conviction. Errors in the testing process, such as improper sample collection or storage, can lead to unreliable results.
Defense Strategies for DUI Drug Charges
At Hartman Attorneys at Law, we believe every charge is defendable. Our defense strategies include:
- Challenging test results: We will examine whether the field sobriety tests or chemical tests were properly administered and whether the results are reliable.
- Lack of impairment: Just because drugs are in your system doesn’t mean you were impaired at the time of driving. We can argue that your ability to drive was not affected.
- Cannabis defense: For cannabis-related DUIs, we can challenge the evidence that THC levels correlate directly with impairment, as the drug can stay in your system for days without affecting your driving ability.
- Improper procedure: If any step in the testing or arrest process was mishandled, we will use that as part of your defense.
Why Choose Us for Your DUI Drug Case?
Hartman Attorneys at Law is led by Christian Hartman, a lawyer with extensive experience handling DUI cases, including those involving drugs and cannabis. Christian’s certification with the National Highway Traffic Safety Administration (NHTSA) gives him insight into field sobriety tests, and his experience with drug-related DUI cases allows him to identify weaknesses in the prosecution’s evidence.
We know that facing DUI charges is stressful. Our team is available 24/7 to offer support, answer questions, and build a strong defense tailored to your case. We are committed to fighting for your rights and seeking the best possible outcome for you.
Contact an Experienced Annapolis DUI Drug Attorney
A DUI drug charge can feel overwhelming, but with the right defense, it’s not an automatic conviction. Whether you’re dealing with a cannabis-related DUI or impairment from another drug, we’re here to help. Contact Hartman Attorneys at Law today for a consultation. We’re available anytime—day or night—to assist you in protecting your future.