Can Prescription Medications Lead to DUI Charges in Maryland?

 Posted on March 15, 2026 in DUI

Taking a prescription medication and driving is something millions of people do every day without a second thought. What many don't realize is that in Maryland, a lawfully prescribed drug can still lead to a DUI arrest if an officer believes it affected your ability to drive safely. 

If you're facing prescription-related DUI in 2026, our Silver Spring, MD DUI defense lawyer can help you understand what you're up against and what you can do about it.

What Does Maryland Law Say About Prescription Drug DUI?

Maryland Transportation Article § 21-902(c) says a person may not drive while so far impaired by any drug, or any combination of drugs, that they cannot drive safely. The law makes clear that having a valid prescription is not a defense. If the medication impaired your ability to drive, you can be charged.

This catches many good people completely off guard. You followed your doctor's instructions, picked up your medication from a pharmacy, and did everything right. Now you're facing criminal charges through no fault of your own. It feels deeply unfair, and that frustration is completely understandable. What's important to know right now is that being charged is not the same as being convicted, and there are real ways to fight this.

Which Medications Are Most Likely To Lead to a DUI Charge?

Any medication that affects your alertness, coordination, or judgment can draw law enforcement attention. Officers are trained to look for signs of impairment that go beyond alcohol, and certain classes of drugs come up frequently in these cases.

Medications that most often appear in drug DUI cases include:

• Opioid pain relievers such as oxycodone, hydrocodone, and codeine

• Benzodiazepines such as Xanax, Valium, and Klonopin

• Sleep aids such as Ambien or Lunesta

• Muscle relaxants such as Flexeril or Soma

• Antihistamines and allergy medications that cause drowsiness

• Antidepressants and antipsychotics, in some cases

Even a single dose taken exactly as prescribed can cause side effects like drowsiness, slowed reaction time, or blurred vision. If an officer observes those signs during a traffic stop, they may suspect impairment and conduct further testing.

How Do Police Detect Prescription Drug Impairment During a DUI Stop?

Unlike alcohol, there is no roadside breathalyzer for prescription drugs. Officers who suspect drug impairment often call in a Drug Recognition Expert, or DRE, who conducts a structured evaluation looking at your pupils, muscle tone, pulse, blood pressure, and other physical indicators. If the DRE concludes you may be impaired by drugs, they will typically request a blood test.

It’s important to note that a positive blood test showing a prescription drug in your system does not automatically prove impairment. The presence of a drug in your blood is not the same as being impaired at the time of driving. This distinction is often central to a strong defense, and it's something an experienced attorney can use on your behalf.

What Are the Possible Defenses to a Prescription Drug DUI in Maryland?

Several meaningful defenses may apply to your case depending on the circumstances. Maryland law itself provides a narrow but important one. If you were genuinely unaware that the medication would impair your ability to drive, that can be raised as a defense.

Beyond that, an attorney can challenge whether the traffic stop itself was lawful, whether the DRE evaluation was properly conducted, and whether the blood test results actually establish impairment rather than just the presence of a drug in your system.

Medical conditions that mimic impairment, such as diabetes, epilepsy, or fatigue, can also be relevant to the defense. Every case is different, and yours deserves a careful, thorough review.

Schedule a Free Consultation With Our Montgomery County, MD DUI Defense Attorney

The Law Offices of Gerstenfield & Demirji, PC. brings warmth and compassion to every case, along with strong relationships with prosecutors and a willingness to fight aggressively when that's what your situation requires. As a former Assistant State Attorney with broad criminal defense experience, Attorney Robert S. Demirji knows how these cases are built and how to challenge them. 

If you're facing a prescription drug DUI charge in the Silver Spring area, contact our Silver Spring, MD DUI defense lawyer today. Call 301-589-9500 to schedule a consultation. We're available 24/7.

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