DUI Drug Arrests in Anne Arundel
From the moment an officer observes a driver and becomes suspicious of a DUI, the officer begins investigating and looking for evidence.
The most common evidence against a driver, interestingly enough, is admissions. It is surprising how often an individual’s own words provide the majority of the evidence against them. The other thing an officer looks for are prescription pill bottles in the driver’s compartment, and any kind of evidence of illegal drug possession such as baggies, paraphernalia, and things of that nature.
Finally, the officer looks at the person’s demeanor (e.g., do they look like they are high on methamphetamine? Do they look like they are high on LSD?) Anything an officer can see may be used as evidence. Anything an individual says can also be used as evidence.
Field Sobriety Tests
The initial arrest for a drug DUI or alcohol DUI are the same. At the point that the officer asks the individual to do field sobriety test, they do not have to decide if it is a drug or alcohol DUI. They look for any kind of impairment. At the initial stop officer may suspect DUI, but they may not necessarily suspect drugs versus alcohol. They conduct the field sobriety test to determine if there is any impairment.
DUI Cases Are a Priority for Police in Anne Arundel
DUI cases are a priority for officers in Anne Arundel. Whether the case is for drugs or alcohol, it begins with a DUI. When an individual is pulled over and the officer suspects impairment, at that point, the officer may differentiate the two.
Drug DUI enforcement is essentially DUI enforcement. Officers look for some kind of bad driving or they have a DUI roadblock setup that is a catch all. The roadblocks catch people who had alcohol, prescription medications, or illegal drugs.
The cause of the impairment in terms of DUI enforcement and the officer’s priority for DUI enforcement is really immaterial.
Marijuana DUI Arrests
Marijuana related DUIs are the same as any other type of DUI. The person is charged under the violation of § 21-902 (d). The penalties are exactly the same; there is no differentiation for DUI for marijuana versus a DUI for cocaine. It is all impairment by drugs. In terms of penalties or in terms of elements the state must prove, they are exactly the same as every other DUI drug case.
Some judges may be significantly lighter in sentencing for impairment by marijuana than they would for impairment by cocaine. But that is discretionary to the individual judge. Some judges will not sentence and some judges believe that for impairment by drug or drug DUIs, the kind of drugs is irrelevant.