Legal Question in DUI Law in California
I have ADHD. I was pulled over by an officer and asked if I use medication. Having one DUI on my record, I replied that I was prescribed Adderall. He then arrested me on a DUI charge. California VC 23152 says that it is illegal to use a drug while operating a motor vehicle. VC Section 312 defines drug as something that impairs your judgment. However, the Adderall treats the symptoms of ADHD and makes me a better, more focused driver. They held my vehicle for five days. I am unsure if that is normal procedure. Furthermore, I wanted to know if the question the officer asked me may violate medical confidentiality. I thank you in advance for your time and advice.
2 Answers from Attorneys
The officer can ask you anything he likes. If you want to assert medical confidentiality, or any other objection, you could have tried to do so at the time, or could have asserted your right to remain silent. He arrested you for being impaired or under the influence, based upon his assessment and judgment call of your competence to drive. Now, you face criminal charges for which you should hire counsel, unless you are capable of effectively representing yourself against a prosecutor seeking to convict you. If serious about doing so, feel free to contact me.
The typical reaction of the police is to assume that all drugs impair your ability it drive. You will need to bring facts into the case which shows the Adderall did not impair your ability to drive. A big issue in this case was the reason you were pulled over.
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