Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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A doctor gave you a legal prescription for Adderall for your ADHD. But you were later arrested for DUI after taking a dose. Can this really happen?
Yes. You can be charged and convicted for DUI if you take a drug, including Adderall, and it impairs your ability to safely operate a motor vehicle. This is true even if you have a valid or legal prescription for the drug.
Common prescription drugs that lead to DUI charges include:
Possibly, yes. Most states say that you are guilty of DUI/DWI if you drive a vehicle while under the influence of drugs.1
“Drugs” includes:
Note that you are considered “under the influence of drugs” if you take a substance and it:
If a police officer does arrest you on suspicion of driving under the impairment of Adderall, you are typically required to submit to a chemical test of your blood. Most state laws say that you give your “implied consent” to submit to a chemical test (such as a blood test) once you assume the privileges of driving a vehicle.
Adderall use can lead to a DUI because the drug can make you feel fatigued.
Adderall is a combination of the drugs dextroamphetamine and amphetamine. The substance helps keep you focused and attentive. It is often prescribed used to treat attention deficit hyperactivity disorder (ADHD) and other attention disorders.3
These types of drugs work by stimulating your central nervous system. That stimulation begins to fade after about six hours and a result is that you feel tired. This fatigue or drowsiness can slow your reaction times and impair your ability to drive safely.4
Common side effects of Adderall include:
The specific penalties for driving under the influence of Adderall will depend on:
With that said, DUI charges are usually filed as misdemeanors (as opposed to felonies). A first-time offense is often punishable by:
Note that if you refuse a chemical test when arrested for driving with Adderall, the state may suspend your driver’s license. In addition, you will receive steeper DUI penalties if later convicted of driving while intoxicated.
Common defenses in Adderall DUI cases include a lawyer showing that:
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.