Ambian DUI Defense
DUI Ambien and "Sleep Driving"
"Sleep driving" is defined by the FDA as "driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event". Ambien and other popular sleeping medications like Lunesta are sedative-hypnotic products that can cause this condition.
Sleep driving while under the influence of Ambien or Lunesta occurs after you take the medication, go to sleep, unknowingly wake up (and start sleep-walking) and then drive a car. It's a growing danger, as hundreds of people continue to suffer from DUI/DWI Ambien arrests.
Even though sleep driving has become a recognized phenomenon, and akin to sleep-walking, it is nevertheless illegal. If you use Ambien, Lunesta or any other "sedative-hypnotic" medication and then drive, you face conviction for a state Driving Under the Influence/Driving While Intoxicated of drugs.
In 2007, the FDA ordered drug companies that manufacture these types of drugs to warn users of the "sleep driving" side effect. This warning comes in two forms: (1) on a clear label on the bottle, and (2) in a product medication guide that accompanies the prescription. The fact that the FDA took that action is incredibly significant. It demonstrates that this condition is involuntary which could arguably act as a defense to such a DUI/DWI drug charge.
Unfortunately, these scenarios subject you to possible conviction for DUI/DWI, as they meet the very definition of the state DUI under State Vehicle Codes.
The bottom line is this -- be very careful when using these extremely potent sleep aids. If you're taking Ambien, Lunesta, or another prescription or over-the-counter sleep medication, always ensure that you're completely alert before driving. If you have been charged with such a crime, contact Wiberg Law Office. We know how to successful defend against such Ambien DUI charges.