Involuntary Intoxication in Maryland DUI Drug Cases
Involuntary intoxication can be a defense in Maryland DUI drug cases. If a person did not voluntarily consume drugs, for example, someone slipped drugs into their drink or something similar, then that would be considered involuntary intoxication. The defense of involuntary intoxication could be pursued in this situation. In order to pursue that defense, the defendant would need to have blood work done immediately after being stopped by the police officer. They will also have to attempt to show that they did not voluntarily ingest that drug. If you have questions pertaining to involuntary intoxication, talk to a professional Maryland DUI drug lawyer who can provide more information.
Difficulties of an Involuntary Intoxication Defense
Involuntary intoxication is a difficult defense to present during a Maryland DUI drug trial. What is more common is the defense of voluntary intoxication. A defense of voluntary intoxication requires the defendant to be able to show that the defendant was not aware that certain drugs that they were taking could affect their ability to operate a car. When a person takes any sort of prescription drug, they are required to know what it is that they are taking, and if it is going to impact their ability to drive a car safely. The label should prevent a person from driving.
Voluntary intoxication is a defense that is also difficult to prove because a person will often be warned by their prescription label that they were not supposed to operate a vehicle while on the drug. A more successful defense would be to show a person recently added a new prescription to other prescriptions that they were already taking, and they were not aware of the potential drug interaction.
If you did not know that the drug would impair you then that potentially is a defense to a charge of driving under the influence of drugs. However, the defendant has to be able to show two things: one) that they were taking the medication as prescribed and two) that they were unaware that their ability to drive safely was going to be impacted by taking that drug. Sometimes people receive samples directly from their doctor and it is possible that they were not properly advised as to what the potential side effects are, but that is rare.
Another potential defense is when the defendant begins to add a different medication into their regimen and they are not properly advised as to what the potential interactions could be with their other prescribed medications. If a person is under the care of multiple doctors, and those doctors are not aware of what other the doctors are prescribing then this could be presented as a possible defense.
It may be that if a person takes certain medication separately, there are no negative side effects. However, if two certain medications are taken together, then they may cause drowsiness or may affect the person’s coordination. Under that scenario, the driver would have more success with a voluntary intoxication defense. Consult with a skilled lawyer for more on the topic.