Attention-deficit/hyperactivity disorder (ADHD) is marked by an ongoing pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development.
M.A.J Law regularly represent clients who suffer with ADHD, ASD and other common conditions that affect a person’s behaviour. If you suffer with a condition like this, you may have been prescribed medication by your doctor to control your symptoms.
Methylphenidates (otherwise known as Ritalin, Concerta, Delmosart, Equasym, Medikinet) are controlled drugs used to treat ADHD (Attention deficit Hyperactivity Disorder). They are also sometimes used to treat narcolepsy.
Methylphenidates are a Class B drug, which means it is illegal to have for yourself (unless prescribed) give away or sell. Possession of such drugs can get you up to 5 years in prison. Supplying someone else, even your friends, can get you up to 14 years in prison. It’s worth considering whether these drugs affect your ability (both physically and legally) to operate a car in the UK.
Can you drive whilst taking methylphenidates?
Yes, however some of these medications can cause dizziness, blurred vision, difficulty focusing or drowsiness. If this happens it may be dangerous to drive or ride a bike, so it's best not to do so until you know how methylphenidate affects you and your body. If you are prescribed methylphenidates for ADHD, it is important to only take them as described. Abusing your medication for its stimulant effect could cause you to become impaired, which poses a greater risk for a drug driving ban. It is an offence to drive a car if your ability to drive safely is affected. It is your own responsibility to decide if it's safe to drive. If you're in any doubt, do not drive.
Do methylphenidates show up on a drugs test?
There have been some cases where methylphenidates have come back as a false positive for the presence of amphetamines and in rarer cases, LSD. The active ingredient in methylphenidate is not an amphetamine, but it is a psychostimulant. Its effects resemble those of classic amphetamine-family drugs.
Methylphenidates are not routinely tested in drug-driving cases. They will not show up on a saliva roadside test and they are not routinely tested in blood samples. The only way methylphenidates could be found in the system is through a urine test, but urine is a last resort in drug-driving cases and will only be considered if a person refuses the blood sample because they have a reasonable excuse. (i.e needle phobia). If you refuse the blood test without a reasonable excuse, you will be charged with fail to provide and risk a 12-month driving ban.
To be charged with drug-driving for taking ADHD medication, there would have to be quite extreme circumstances. The driver would firstly have to be showings signs of significant impairment where an officer feels the need to take a blood sample, or the person may have been driving/behaving in an erratic manner where an officer may believe they are under the influence of drugs. The blood sample would then have to come back as a false positive for amphetamines, which is extremely rare.
What to do if you receive a false positive drugs test?
You would have to be very unlucky to receive a false positive for amphetamines from taking ADHD medication, but it has happened. Amphetamines are legal if they are prescribed by a doctor, and taken in the correct manner, but they can also be illegal and are commonly abused for their stimulant effects. If you are abusing your ADHD medication, which then subsequently shows up as amphetamines in a false positive blood or urine test, you could find yourself in a difficult situation trying to get this across to the police. You would then have to send your results to an expert toxicologist to investigate it further.
Before agreeing to a drugs test, it is extremely important to disclose to the person administering the test that you are taking medication for ADHD, so if a false positive does occur, this can be taken into consideration and additional testing can be done.
Will my car insurance go up if I am in a collision and they find methylphenidates in my blood?
In general no. When ADHD medication is prescribed and taken correctly, and there are no false positives in a drugs test, there is no reason for any premiums to go up. Only in the very rare cases where the medication is abused to such levels that you are impaired, or gets mistaken for an illegal drug, could your premiums go up. This is when it would be wise to contact a solicitor to see where your rights lie and if there is any evidence to support you.
However, you MUST tell the DVLA if your ADHD or your ADHD medication affects your ability to drive safely. You can be fined up to £1,000 if you do not tell DVLA about a medical condition that affects your driving. You may be prosecuted if you're involved in an accident as a result.
