DUI charges routinely relate to being under the influence of alcohol intoxication, however a person can be under the influence of many drugs, which can result in charges of driving under the influence.
Although there is no quick and easy method for a police officer to determine that the driver is under the influence of marijuana, like the breath-test, for the officer to determine whether the driver is intoxicated, you can still be charged with DUI if you are stopped and determined (suspected) to be under the influence of marijuana. If the effect of marijuana has had the effect of causing you to be unable to think clearly, and/or drive safely, you may be charged with DUI. If the officer finds marijuana related paraphernalia in the vehicle, you may be charged with DUI.
In such a situation, the officer will request the same tests as he/she would if alcohol intoxication were suspected. The breath-test will not show an elevated blood-alcohol level, which may be used, together with other evidence, as proof that the suspicious driving must have been caused by a different drug, not alcohol. The field sobriety tests may appear similar a person who is intoxicated, which may be used, together with other evidence, as proof that the suspicious driving must have been caused by a different drug, not alcohol.
Maryland has police officers who are specially trained as “drug recognition experts” who can observe, test, take blood pressure, examine eye movements, take your heart rate, and a multitude of other examinations of you, and then draw an “expert” conclusion, as to what drug, if any, you are/were under the influence of when you were stopped.
Drug usage can be determined through urine, or blood, tests.
Posted in: Criminal Law