Orange County Criminal Lawyers
Adderall DUI - VC 23152
California Vehicle Code section 23152 outlaws driving while under the influence of drugs or alcohol. A drug is any substance except alcohol that can affect your nervous system, brain or muscles. This includes both prescription and over-the-counter medications, including Adderall.What is Adderall?
Adderall is a prescription drug made up of a combination of dextroamphetamine and amphetamine substances. It works by increasing the amount of neurotransmitters in the brain. It is classified as a type of stimulant which can increase your ability to stay on task or control behavior. These substances stimulate the central nervous system and that is one of reasons the drug is used to treat Attention Deficit Disorder (ADHD) and Narcolepsy. It treats this sleeping disorder by helping you stay awake, but shouldn’t be used to simply hold off feelings of tiredness. This drug is supposed to help improve concentration, but it can affect your ability to drive, especially in cases where you stop taking the medicine or decrease the dosage. If you suddenly stop taking the medication, there are withdrawal symptoms such as sleep issues or severe tiredness. Just like alcohol, Adderall may impair your judgment to drive safely. In fact, anything that impairs your ability to drive will be considered a DUI, regardless of the substance. If an officer suspects you of driving while under influence, he/she might pull you over for questioning and tests.Penalties for DUI Adderall
DUI of Adderall can either be prosecuted as a misdemeanor, or as felony. If you are a first time DUI offender, you may be charged with a misdemeanor. However, if you cause severe injury to a third party, or you had a previous felony conviction or you have more 3 prior DUI convictions, you would be charged with a felony.
Penalties for misdemeanor DUI of Adderall include:
- A fine
- 3 to 5 years of DUI probation
- Completion of a California DUI school program
- Suspension of your driving license
- Possible jail
If you are convicted of non-violent DUI of Adderall in a California court, you might apply to join a drug treatment program or court instead of serving a jail term at county jail. Drug diversion programs give people chances to help combat their drug problems and help develop coping skills for their futures. These program were developed as a result of the increase in drug-related crimes. The recovery process of addiction is a journey that needs to be addressed and helped by professionals that possess the necessary knowledge to divert substance abusers from their dangerous habits. They are offered not just for adults, but for juveniles as well.What are Possible Defense to Adderall DUI in California?
If you are faced with DUI of Adderall charges, you can seek help from a qualified criminal law attorney.
Some of the defenses available include:
- You had valid prescription from a qualified healthcare practitioner.
- The police did not conducted DUI chemical tests in accordance with law.
- Your driving was not impaired by the use of Adderall.
- Other explanations for unsafe driving applied.