Challenging an Annapolis Drug DUI
Controlled substances include marijuana, as well as more complex substances, such as prescription drugs. Even if a person has a valid prescription for a medication that they are taking, it is considered a controlled substance. If someone is found to be driving under the influence of their prescription drug which is making them an unsafe driver, they can still be charged with a drug DUI crime. If you have been charged with this offense, contact an Annapolis Drug DUI lawyer to begin building a robust challenge to the charge.
Drug Recognition Examiner
The drug recognition examiner is someone that has specific experience and training evaluating a person’s motor skills and response times to establish whether they are under the influence of a controlled dangerous substance at the time that they were driving.
Blood tests are usually accurate when it comes to recognition of drugs in someone’s system, but to establish probable cause to administer one of those tests, a drug recognition expert usually needs to be called beforehand. The drug recognition expert identifies whether there is probable cause to make a request that a driver submit to the drug test in the first place.
It is important to give your attorney all of your medical information and prescribed medicines when controlled substances are involved. Armed with this information, she or he may make arguments that the use of controlled substances contributed to your behavior on a particular occasion.
For example, a person might be pulled over for a routine issue, like failing to stop completely at a stop sign or at a flashing red light. They may be under the influence of their medication at the time, but those medications might not have impacted their driving or the reason that they committed the traffic violation. Sometimes, explaining that your client is under the influence of prescription medication could help a prosecutor and a court understand why they might not be subject to criminal charges.
Additionally, if your attorney is aware of the medication that you take it can be very helpful in mitigation to the court. This could be the case if the judge decides that a person was under the influence of a substance and that illegal or legal substance contributed to their impairment when they were behind the wheel of a car. A judge that is made aware of the defendant’s medication might be less inclined to punish them in a severe way when they were simply taking medication as prescribed, but did not understand the potential side effects it could have.