Amanda Bynes Beats DUI, Faces DUI Probation Violation

In September of last year, Amanda Bynes was arrested for a DUI.  This time, she was alleged to have driven under the influence of drugs (DUID), specifically, Adderall.  The Los Angeles City Attorney has decided not to prosecute the case because the amount of Adderall in Bynes’ system was low.

Sounds like a victory for Bynes, except she is still on probation for her 2012 DUI.  Simply using Adderall may be enough to be a violation of her probation.  The prosecutor responsible for handling the 2012 DUI probation has not decided whether to move forward with a probation violation.

How can the new DUI be dismissed, but still used against Bynes?  It is common for the judge to prohibit the use of any drugs or alcohol as a condition of DUI probation.  While the city attorney did not think there was enough Adderall in her system to prove she was under the influence while driving, this does not excuse the fact that she had Adderall in her system.  Frequently, there is an exception to the “no drug” condition of probation if the person has a valid prescription for a legal drug.  Adderall is a legal drug with a prescription.  If Bynes had a prescription, then the prosecutor likely has no case that Bynes violated probation.

If the probation violation prosecutor chooses to move forward and tries to revoke Bynes’ DUI probation, Bynes has certain rights.  The prosecution has to prove that she had Adderall in her system, that she did not have a prescription, and that a condition of the probation was that she not use drugs.  If the prosecution cannot prove those things, then Bynes would win.  If it is proven that she violated probation, she could face jail time.