It is illegal in California to operate a vehicle while under the influence of drugs, which can include certain prescription drugs that alter your nervous system, movement, or cognition. While many people are aware that narcotic painkillers fall into this category, even medications that you may not consider altering substances may be illegal when driving.

If you have questions about a specific medication and driving under the influence charges in California, contact the Law Office of Sheny Gutierrez for guidance. We have extensive experience representing people charged with DUI and can help you build a strong defense against charges involving prescription medication. Schedule your free consultation today.

What Is Adderall and How Is It Used?

Adderall is a prescription medicine containing two types of stimulants – amphetamine and dextroamphetamine. It is typically used to treat attention deficit hyperactivity disorder and narcolepsy, although there are also off-label uses to treat other conditions. Adderall works to increase neurotransmitters in the brain that play a role in attention, self-control, focus, and impulse control. It is also a stimulant that can help people stay awake and alert.

While the drug itself does affect the brain, coming off Adderall also poses risks like drowsiness. In California, drivers can be charged with DUI anytime their driving is impaired by a substance. So, if a police officer suspects that you’ve taken a drug impacting your ability to safely operate your vehicle, they may charge you with DUI.

Consequences of an Adderall DUI in California

Adderall DUI is a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony. First-time offenders are more likely to be charged with a misdemeanor, but that may change if there are aggravating factors. If you caused an accident that injured someone or have previous felony convictions, you may face a felony DUI charge.

Penalties for a first-time misdemeanor Adderall DUI include up to six months in county jail, fines of up to $1,000, and a 10-month license suspension. Second and third offenses could result in steeper penalties, including up to one year in jail and a license suspension of up to three years. Felony convictions involve longer license suspension and a prison sentence, among other penalties. If your Adderall DUI is charged as a felony, you could face up to three years in state prison, along with fines, court costs, mandatory DUI education, and license revocation.

Exploring Drug Diversion Programs for Adderall DUIs

California courts may choose to provide non-violent DUI offenders with a drug treatment program instead of jail time. Drug diversion programs offer an alternative to traditional sentencing, particularly in cases involving substance abuse or addiction. These programs focus on rehabilitation rather than punishment, aiming to reduce repeat offenses by addressing underlying issues related to substance use. Not everyone is eligible, and requirements can vary between jurisdictions. Your defense lawyer can discuss the potential for a drug diversion program based on your specific circumstances.

Potential Defenses for an Adderall DUI in California

If charged with Adderall DUI, it’s crucial to have a skilled criminal defense attorney. Navigating criminal charges and legal procedures can be overwhelming if you’re unfamiliar with the laws and requirements. Your attorney can create a defense strategy based on possible defenses such as:

  • You have a valid prescription for Adderall.
  • The arresting officer did not follow proper protocol or violated your rights.
  • Your driving was not impaired.

Contact an Experienced Adderall DUI Attorney in California

The Law Office of Sheny Gutierrez provides in-depth case evaluation and experienced guidance to Californians facing DUI charges. If you’re facing Adderall DUI charges, you need an attorney with targeted experience in similar cases to protect your rights and fight for the best possible outcome. Contact us to schedule a free consultation.