DUI and Drugs: ADHD Medications
If you currently take a prescription medication for attention-deficit/hyperactivity disorder (ADHD), it is essential for you to know that you could face impaired driving charges in Colorado if you are lawfully stopped on suspicion of impaired driving. This is a complicated and often problematic issue because, for many drivers who have been diagnosed with ADHD and prescribed a medication like Vyvanse, Adderall, or Ritalin, it may actually be safer for that person to drive while using the medication. At the same time, use of the medication while driving can give rise to complicated circumstances, since having the substance in your system could result in a drug-related DWAI or DUI charge, or what is commonly known as a DUI-D in Colorado.
What do you need to know if you are facing DUI-D charges in connection with legitimate use of a prescribed ADHD medication? This article can help educate you or contact a Colorado DUI defense attorney who can tell you more.
Understanding ADHD and Medications to Treat It
ADHD is, according to the National Institute of Mental Health, a disorder that is “marked by an ongoing pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development.” With this disorder, the issue of inattention can be particularly problematic for driving if that aspect of the condition is not treated. Indeed, the National Institute of Mental Health explains that “inattention means a person may have difficulty staying on task, sustaining focus, and staying organized,” which can be dangerous in relation to distracted driving.
Yet the medications prescribed to treat ADHD — and to reduce or eradicate inattention, hyperactivity, and impulsivity — may also result in impairment that can lead to a DUI-D charge. Vyvanse, Adderall, and Ritalin are all commonly prescribed drugs for ADHD, but they can have side effects that may include, for example, dizziness or trouble sleeping, both of which could lead to impaired driving.
Stops and Searches for DUI-D and ADHD Medications
Unlike stops based on suspicion of alcohol-impaired driving, a motorist cannot choose between a breath test and a blood test since breath tests cannot look for substances other than alcohol. Accordingly, if an arrest is made, a blood test will be administered to determine the presence of a substance in a driver’s system, including an ADHD medication.
It is critical to know that having a prescription for an ADHD medication is not a defense to a DUI-D. Just as it is legal to consume alcohol (but not to drive if it is impairing), it is legal to take a prescription medication (but is not legal to drive if it is impairing). The strongest defense is usually that you were not actually impaired by the medication — simply having the medication show up in a blood test is not typically sufficient evidence for the prosecution to prove a DUI-D. A defense attorney can discuss other defense strategies with you based on the details of your case.
Contact a Denver DUI Defense Lawyer
If you are facing a DUI-D in connection with your ADHD medication, it is essential to get in touch with one of the experienced Denver DUI lawyers at DeChant Law as soon as possible to find out about options for defending against DUI-D charges. Contact us today.
Sources:
nimh.nih.gov/health/topics/attention-deficit-hyperactivity-disorder-adhd
webmd.com/drugs/2/drug-148324/vyvanse-oral/details
webmd.com/drugs/2/drug-63163/adderall-oral/details
webmd.com/drugs/2/drug-9475/ritalin-oral/details
