Can A Family Member Who Uses Prescription Drugs Get A DWI For Using Them?

Many people use prescription drugs within the United States. Even though prescription drugs are used so much a family member who takes prescription drugs can get in trouble for taking them, and then driving while impaired by the use of these prescription drugs. 

Can A Family Member Who Uses Prescription Drugs Get A DWI For Using Them? 

The simple answer to this question is “Yes.” A family member who uses prescription drugs can, in fact, get a DWI for using them, and then driving while so far impaired by the drug that they cannot drive safely.

To understand why this is the case, though, and the situations it applies to, we must first clarify the two laws/charges that define what it means to drive while impaired by drugs.

What Does It Mean To Drive While Impaired By Prescription Drugs? 

A family member who drives while impaired by the use of prescription drugs can get a “DWI.”

A DWI is, in its simplest form, a “driving while impaired” charge.

The impairment, within this charge, comes from a driver consuming excessive amounts of alcohol and/or drugs – including prescription drugs that were obtained legally – thereby affecting their ability to drive in a safe manner.

A family member who receives a DWI charge, due to being impaired as a result of the prescription drugs they took before/during their drive, can receive the following penalties:

• A maximum of sixty-days in jail.
• A fine of no more than $500.
• Eight points on the family member’s license.

None of these penalties are fun to deal with and, as such, if a family member has received a DWI due to driving while impaired by prescription drugs, they should contact a Maryland DUI lawyer as soon as possible.

What Does It Mean To Drive While Impaired by Controlled Dangerous Substances? 

A family member who drives while impaired by the use of a controlled dangerous substance can receive a DWI.

Right before we go over what a DWI by CDS means, within this context, we must define what a CDS is. And, with that in mind, a CDS is a “controlled dangerous substance,” such as heroin or fentanyl, or possibly a prescription medication being bought off of the street, that is listed as controlled by law due to the effects that it is known to cause.

A family member who drives, while impaired by a controlled dangerous substance, can receive both a DWI , which in this context, means “driving while impaired by a controlled dangerous substance.”

Some of the charges that can arise from a DWI of this sort are as follows:

• A maximum of one-year in jail.
• A fine of no more than $1,000.
• Twelve points on the family member’s license.

Even though these charges are severe, there is one potential defense: the drugs were obtained legally, through a prescription. Assuming this is the case, then the family member won’t be charged with a DWI by CDS.

Contact A Maryland DUI Lawyer Today 

Your family members can be charged with a DWI if they are found to be driving while under the influence of/impaired by prescription drugs.

Contact a Maryland DUI lawyer at Schlaich & Thompson, Chartered today. We will assist you in obtaining the best possible legal outcome for your family member.

Sources: 

hpi.georgetown.edu/rxdrugs/

peoples-law.org/duidwi

mva.maryland.gov/drivers/Pages/maryland-impaired-driving-laws.aspx

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-902&enactments=false