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The glass towers of Atlanta’s Midtown district are powered by high stakes and long hours, from innovation hubs like Tech Square to corporate headquarters of tech companies just outside of 14th Street. In a highly competitive work atmosphere, it is common for employees to use prescribed medications such as Adderall, Vyvanse, or Ritalin for concentration and to help them cope with challenging demands. These medicines are crucial for many people, but it may end up in an unexpected and devastating legal morass – a DUI-Drugs charge. A lot of folks think that even with a prescription and without drinking, they will not be subject to arrest for a DUI. But, in Georgia’s eyes, a legal prescription is not a “get out of jail free” card if an officer thinks you are less safe driving the car because of the prescription.
A driver may be charged with driving under the “Less Safe” standard in the DUI statute in Atlanta. This will mean that the prosecution doesn’t have to show that a certain amount of the substance is present in your blood stream, unlike under a 0.08% limit. Instead, all they have to prove is that you were intoxicated, including the use of any substance, even one prescribed by a doctor, to the degree that it rendered you less safe to operate a motor vehicle. The “coming down” effect of a stimulant, or even the jittery concentration a stimulant may give to a tech, can easily be mistaken by a patrol officer for drug impairment.
The trouble usually starts when the police conduct a routine traffic stop. An officer may find that the pupil is dilated, speech is fast or the person’s demeanor is nervous, all of which are typical side effects of the medication used to treat ADHD. Once the officer suspects use of drugs, he/she will most likely move on to the field sobriety tests. These tests were developed to identify alcohol impairment, and are unreliable when used on people taking prescription stimulants. A person taking medication that causes them to be naturally “hyper-focused” or physically anxious may find it difficult to do the divided attention exercises of the walk and turn, or one-leg stand, and provide the officer with “clues” to make the arrest.
In order to defend against a prescription drug DUI, a very technical defense must be made which is more than just providing a judge with a pill bottle. Hence, hiring a special Atlanta DUI Lawyer who knows how to go about tackling the state’s subjective evidence is vital. Expert testimony often is part of a strong defense to explain the effects of these medications on the body, and why the officer’s observation was incorrect. We examine the dosage of the medication, when the last dose was taken, and the driver’s history with the drug to establish that the driver was not impaired by the medication, but that the officer falsely assumed his or her medical side effects were criminal drug intoxication.
Attorney James Yeargan is well acquainted with the specific issues that Midtown attorneys encounter, and Georgia’s DUI-Drugs laws. He is aware that a DUI charge can have more than just repercussions on your license, it can also have implications on job prospects, security clearances, and professional certifications for those in the tech field. A savvy DUI Attorney Atlanta will challenge the arresting officer regarding his or her lack of medical expertise and his/her inability to explain how the driver’s baseline driving behavior might have been impacted by the medication.
You can’t ignore a doctor’s prescription that may have caused you problems for the time being and then forget about them. If you are a professional working in the Midtown tech corridor and you find yourself in charge of a DUI that is directly related to your prescription drug, you can’t treat it as a misunderstanding that will be rectified. These cases are handled the same as an alcohol related DUI and are equally life changing. When you work with an elite Atlanta DUI Lawyer such as James Yeargan, you can be assured your medical needs won’t be used against you in court. Don’t let the subjective police report and a legal prescription take you off course from your career and future.
