To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing. In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey. The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of the American Psychiatric Association in May 2009 that:
- 28 percent of adult drivers with ADHD reported receiving a citation withing the prior twelve months.
- 34 percent reported being in an auto collision.
- 44 percent reported either a citation or a collision.
The standardized field sobriety tests are divided-attention tests. Given these statistics, is there any doubt that persons with ADD/ADHD have been improperly categorized by law enforcement after the administration of the standardized field sobriety tests. If it is impossible for a person to complete a divided attention test in a non-stressed clinical environment, how much more difficult would that test be on the roadside under the threat of incarceration.
Officers are not trained to look for extraneous reasons that could account for a person's failure of their divided-attention tests and no special training is provided to look for signs of ADD/ADHD. The result is that many officers note the failures as clues of impairment. The clues are used in determining probable cause for arrest and innocent people are accused of drunk driving. See Citron, MD, JD Applying the Scientific Method in DUI Cases as cited in Understanding DUI Scientific Evidence, 2011 Ed., Aspatore.
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
- An ADHD Primer (everydayhealth.com)
- The Drunken Monkey Theory (daytondui.com)
- Admissibility of the Standardized Field Sobriety Tests (daytondui.com)
- Forensic Blood Tests: Whole Blood vs. Serum/Plasma (daytondui.com)
- Adult ADHD: 15 Signs You May Have It (huffingtonpost.com)