Tuesday, January 24, 2017

Watkins Glen DWI Lawyer: Getting Pulled Over while on ADHD Medication, Are You DWAI?

Adderall Has Been Shown Effective
for ADHD
DWAI drugs in New York (VTL 1192 (4)) is a bad criminal charge for a lot of reasons. One, it is a misdemeanor level offense requiring ONLY a violation level of proof. Two, there are many ways that law enforcement can show drug use ranging from a DRE (drug recognition exam) to your saying I took my ADHD medication today. Three, impairment in DWAI means any degree of impairment of your ability to drive.

But, are you actually DRIVING IMPAIRED by ADHD prescription drugs like Adderall and Ritalin?

People Drive with ADHD Prescription Drugs Because ADHD Require Daily Drug Use

Just because someone is taking a prescription drug doesn't mean that their driving is always impaired by that drug. Research has shown time and again that prescription drugs taken for their intended purpose do not impair people's ability to drive.

Being Stopped for a Simple Traffic Infraction Can Lead to Further Investigation of Your ADHD Symptoms

The problem is that the officer will be focusing on your ADHD symptoms and not whether you are too impaired to drive a car. Symptoms of attention-deficit hyperactivity disorder can include:

1. Inattention, inability to follow directions and instructions. You can imagine trying to follow field side test and miserable failure while under police scrutiny. Because being pulled over and tested by a police officer is such a calming experience.

2. Fidgeting, talking excessively. This can be taken by law enforcement to indicate that you are hiding something and that your speed (amphetamines) are unregulated.

3. Impulsivity. Being jumpy and nervous can be a part of ADHD symptoms but it doesn't mean you can't drive a car safely.

Journal Research Proves that taking ADHD Medication Improves Driving Performance

In the Journal of Psychopharmacology did a study in 2008 of ADHD, Methylphenidate and Driving: Does Some Legislation Endanger Health? The result of their study showed that Methylphenidate significantly IMPROVES driving performance of adults with attention-deficit hyperactivity disorder.

In another study the Effect of Stimulant Medication on Driving Performance of Young Adults with ADHD resulted in "individuals with ADHD should have the therapeutic benefits of a stimulant medication when operating a vehicle."

Just because a DRE officer sees dilated pupils, increased heart rate and blood pressure and concludes you are under the influence of a stimulant (amphetamine) and therefore unable to operate a motor vehicle safely doesn't mean that that is true.