You can be charged of a Maryland DWI with no alcohol consumption

In the state of Maryland, it is illegal to drive a vehicle if you are under the influence of any drug, including those for which you have a valid prescription, if it impairs your ability to drive safely. It is also illegal to drive under the influence of any type of controlled dangerous substance.

BAC Test for Drugs

Police will stop and detain you if they suspect you have been driving while under the influence of any drug or controlled dangerous substance. You will most likely be asked to take a series of field sobriety tests and a blood alcohol level (BAC) test.

Refusal to take the alcohol concentration test of your breath or blood will result in an automatic 120 day suspension of your driver's license. For a second offense, your license will be suspended for one year.

If you are suspected of driving under the influence of drugs, you will receive a blood test instead of or in addition to the breathalyzer test used in instances of impairment due to alcohol.

Consequences

Consequences for a first offense driving under the influence of drugs charge are:

Up to two months in jail for otherwise legal prescription drugs or up to one year in jail for controlled dangerous substances (cocaine, heroin, etc.)
Maximum fines of up to $1,000
Suspension or revocation of your license for up to a year

Consequences for a subsequent offense are:

Up to three years in jail
Maximum fine of $3,000
Revocation of your license and a referral to the medical advisory board

If drugs are found in your car, it can be impounded. It doesn't matter who is in possession of the drugs. Your vehicle will be impounded even if a passenger is found carrying them.

Legal entitlement to use a drug is not considered a valid defense unless you were unaware that the drug would impair your ability to drive safely.

Keeping your License

If you are charged with a non-alcohol-related DUI, you have 30 days to request a Motor Vehicle Administration hearing to appeal the suspension of your license. If you miss this deadline, your license will be suspended automatically. You only have 10 days to request a hearing and receive permission to keep driving until the MVA hearing is concluded.

If you have been arrested for a non-alcohol-related DUI, it is essential that you consult an experienced DWI attorney. The likelihood of a reduced sentence, lower fines, and the ability to keep your license goes up dramatically if you have proper representation.

Please contact the experienced DUI attorneys at Jimeno & Gray today to schedule an initial consultation.