Southern Maryland DUI/DWI and Prescription Medications

In Maryland, it is a crime to drive while under the influence of alcohol (DUI) and also a crime to drive while impaired (DWI) by the use of alcohol or use of drugs. In some cases, the laws of Maryland assume that you have been driving while drunk when, for example, your blood alcohol content is higher than 0.08%. In those cases, the accused will be charged with both DUI and DWI.

With respect to drugs, a DWI can be charged if any type of drug has been used that impairs the driver’s ability to control and operate a motor vehicle. Many think that DWI can only be charged with drugs that are illegal, like cocaine, but that is not the case. If a prescription medication causes impairment of motor functions, use of such medications while operating a motor vehicle can lead to DWI charges here in Waldorf, Maryland. Just because the medications have been prescribed by a physician does not mean they are safe to take while driving. Note that many medications will state plainly on the label that the patient should not operate machinery or drive after taking the medication. Sometimes the danger of driving under the influence of prescription medications is obvious, as with sleep-inducing medicines. But other medications can be just as dangerous.

If you have been arrested and charged with a DWI involving prescription medications, call the experienced and courtroom-proven Maryland criminal defense lawyers here at the Law Office of Robert Castro. Call us at (301) 870-1200. We are available around the clock, 24/7.

Medication-related DWI is more difficult for the prosecutors to prove

It is more difficult for Maryland prosecuting attorneys to prove medication-related DWI because, generally, there are no clear medical tests to show the presence of impairment-inducing chemicals in your blood or urine. Consequently, the proof will more likely be based on observed behavior such as aggressive or reckless driving, swerving and weaving in and out of traffic lanes, and more. If a Maryland law enforcement officer observes such behavior, the officer may perform a traffic stop and then conduct a field sobriety test. They might involve tests like “walk-a-line” or following the light with your eyes. Your success or failure in such tests will be placed before the jury as evidence of your impairment.

What should I do if I am stopped?

First and most importantly, do not admit to taking any prescription medication. Most of us instinctively answer questions that are asked. But, do not answer the question. Some people will answer the question because they assume that the medication is “safe” for purposes of driving. Do not make that assumption, and do not tell the officer whether you have taken medication or what medication you have taken. The government must prove you guilty beyond a reasonable doubt. Do not make the government’s job easier.

Second, call a tough and aggressive Maryland criminal defense attorney.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is