Can You Get a Prescription Drug DUI in Maryland?

 Posted on June 11, 2025 in DUI / DWI

While most people think only of alcohol impairment regarding a DUI, in the state of Maryland, a DUI could be alcohol-related or could be related to illicit drugs or prescription drugs. This means that you might be taking a prescription drug, legally prescribed to you, like Ambien. Perhaps you have Ambien in your system, either by itself or along with alcohol.

Either way, if your ability to drive is impaired by a prescription drug, you could find yourself facing DUI charges. Since there is no specific amount of prescription drug that triggers a prescription drug DUI, the charge comes down to your individual level of impairment and how the drug affects you and your ability to drive safely.

The prosecution must prove that the total effect of whatever prescription drug you are taking puts you in a position of driving while impaired. This means your ability to operate a motor vehicle safely was significantly impaired.  

Prescription drug DUI is more difficult for the prosecution to prove unless you were clearly impaired and made significant driving mistakes. If you are facing prescription drug DUI charges, it can be beneficial to speak to an experienced Northern Baltimore County, MD criminal defense attorney.

How is Prescription Drug DUI Proven in Court?

While a person who is driving under the influence of alcohol can be tested to determine how much alcohol he or she has ingested, there is no easy way to test for prescription drugs. Further, some people may have had no overt reactions to a prescription drug for months or years, then something in their body changes, and the medication causes impairment.

That change may be another prescription drug interacting with the first one, an illness, or another type of medical treatment that alters how the body responds to the medication. A judge can take these factors into consideration when an attorney shows that there was no intent on the part of the defendant.

The police officer’s testimony would be the most damning evidence in a prescription drug DUI if he or she testified that the defendant was weaving from one lane to another or committed another clear violation of traffic laws. When the suspect was stopped, if he or she slurred words and clearly appeared impaired, then the officer might testify to this.

If the officer has eliminated the possibility of alcohol impairment but still believes the subject is impaired, a drug recognition expert (DRE) can be called in. The DRE will conduct a comprehensive examination of the individual and request a blood test. The suspect has the right to refuse the blood test, but an officer can obtain a warrant from a judge to administer the test.

Are the Penalties for Prescription Drug DUI As Severe as for "Regular" DUI?

If the offense is charged under Transportation Article Section 21-902(d), this means the drug was not prescribed and may have been an illegal drug.  The penalties for this offense include up to one year in jail and a maximum fine of $1,000 for a first offense.

If the offense is charged under Transportation Article Section 21-902 (c), it covers any drug, whether prescription or over-the-counter. A first offense carries a maximum penalty of 60 days in jail and a fine of up to $500.

Contact a Harford County, MD DUI Lawyer

If you are facing prescription drug DUI charges – or any other charges related to DUI – it is important to speak to a knowledgeable Northern Baltimore County, MD prescription drug DUI attorney from Baltimore Legal Services.

Attorney O’Brien will comprehensively evaluate your charges and the evidence against you, then begin building a solid defense on your behalf. He has helped more than 10,000 clients, is available 24/7, and offers a custom flat fee. Call 858-523-8423 to schedule a free consultation.