Stimulants such as Adderall and Vyvanse have become the norm in the Midtown high pressure towers of corporate offices and in the strict libraries of Georgia Tech and Emory. To thousands of Atlanta professionals and students, these drugs are just a daily routine to cope with the ADHD and be productive.
Driving under the influence of alcohol is illegal and most individuals are aware of it. However, there is a deadly myth about prescription drugs, which is that because the doctor prescribed it, then you can drive on it.
This is the “Adderall Assumption” and it is causing the number of arrests in the metro area to sky-rocket.
When you are accused of DUI-Drugs under the pretext of taking your own medicine, chances are that you are confused and angry. You were not high you were medicated. But the Georgia statute does not differentiate the illegal narcotics and the legal prescriptions when the state states that you were not safe to drive. To counter it, you must have the skill of an Atlanta DUI Lawyer who is thoroughly aware of toxicology and the ins and outs of DUI-Drug defense.
The “Less Safe” Standard
According to the state of Georgia, one does not have to be on illegal street drugs to be caught in DUI. The statute applies to any substance, whether legal or illegal and makes you less safe to be on the road.
The risk to drivers working on stimulants is that the physical side effects of the drug usually resemble what the police officers are conditioned to recognize as the state of being impaired.
Take an example of a typical traffic stop. You are pulled over because of speeding in I-85. You are nervous. Your heart rate is elevated. Perhaps you have shaky hands or your pupils are wide. These are common side effects of your 20mg a day dose or just nervousness over the police lights to you.
They are indicators of impairment of the central nervous system stimulants to a police officer who has been trained in the Drug Recognition. Admitting that you take medication, believing that honesty is the best policy, you have just given them the argument they need to put the cuffs on you.
The Problem with Blood Tests
The legal limit in an alcohol DUI is evident: 0.08 BAC. When you are beneath it, then you are not likely to be in danger.
Georgia has no legal limit to Adderall, Xanax or any other prescription drug.
When you provide a blood test, the results will always be positive about the amphetamines in case you took your medication the day that you had a blood test. The prosecutor will present this lab report before a jury as the evidence of intoxication. They will claim that this “erratic” driving that caused the stop was because of the presence of the drug in your system.
This is where any ordinary criminal defense lawyer may not come out well, and this is where a dedicated DUI Attorney Atlanta residents will come in.
The Defense: Therapeutic vs. Impaired.
The critical point of defense on such cases is to ensure the differentiation in levels of therapy and impairment.
The fact that a given drug is in your blood does not necessarily imply that it impaired your driving capacity. Actually, in case of a properly diagnosed ADHD patient, using Adderall tends to awaken the concentration and quickness on the road instead of slowing them down.
Effective defense plan entails:
Medical: Must demonstrate that you have a valid prescription and that you have not had any accident with the medication.
Expert Testimony: having toxicologists testify that your blood levels were in the normal therapeutic range and not in the levels of abuse.
The difficult part: to refute the manifestations: to take down the observations of the officer systematically. Was it really rapid when you were talking or did you just talk quickly since you were nervous? Do you take the pupils when you are under drug influence, or in the dark?
Do Not Guilty Plead to Your Own Prescription.
A conviction of DUI-Drugs provides the same stigma and penalties as drunk driving conviction and includes: license suspension, fines, probation and a permanent criminal record. It can destroy careers particularly the careers of people in the medical sector, law, and aviation.
The Adderall Assumption is a fallacy, but it does not necessarily need to be a belief. In case you were caught driving under the influence of a medication, you will required a defense that undermines the science of the litigation of the state. Call a competent Atlanta DUI Lawyer today in order to discuss your medical record and establish a defense that secures your future.
