Ambien DUI Defense Attorneys
The dangers of driving while under the influence of alcohol or a controlled substance is well known. However, many people may not be aware of the dangers of driving under the influence of Ambien, a prescribed sleep inducer. If you have been charged with an Ambien DUI, you may be able to assert defenses to have the charged reduced or completely dismissed. Read on to learn more about how our Ambien DUI defense attorneys can help you.
Ambien DUI Defenses
Not all DUI Ambien cases are the same. In certain cases, Ambien users were convicted of a DUI. In others, Ambien users were able to have the charge asserted against them reduced in the form of probation in lieu of jail time. The nature of the penalties that may be assessed against you for an Ambien DUI will depend greatly on the defenses you assert.
In general, if you took Ambien in accordance with the prescribed instructions you may be able to assert a successful defense for sleep driving. Most people are convicted of Ambien DUI because they consume alcohol or take it in a manner not prescribed by their doctor. The prosecutor will ask you several questions to determine if you intentionally took Ambien in an non-prescribed manner. An experienced defense attorney can prepare you on how to respond to the prosecutor’s questioning. A chemical test would also have to prove you were driving under the influence of Ambien. If the test is negative, we may be able to have your case dismissed.
Ambien DUI Defense Strategies
Consumer Reports and the Food and Drug Administration both maintain that Ambien’s sleep walking effect may be considered an involuntary act. An involuntary act occurs when a person performs an activity without fully realizing he/she is engaging in an activity. For example, when a person drinks alcohol and get behind the wheel to operate a motor vehicle, he/she engages in an voluntary activity. In contrast, when a person takes Ambien before bed, sleep drives while under the influence of Ambien, and is pulled over by the police, he/she engages in an involuntary act. This is because the person did not specifically intend to drive while taking Ambien to treat insomnia.
The involuntary act defense allows defense attorneys to dispute the prosecutor’s evidence regarding impaired driving. The prosecutor must prove that the driver had knowledge of the act he/she was engaging in. When a person is sleep driving, he/she may be unaware of the activity he/she is engaging in.
If you were pulled over for sleep driving, it will be your word against the police officer. The officer may testify to noticing you appearing to be sleep in the vehicle. This may help your case in proving involuntary conduct. If the prosecutor is unable to prove the element of knowledge, you may succeed in having the charge asserted against you reduced or completely dismissed.
Contact Our Ambien DUI Attorneys
Please do not hesitate to contact our team of Ambien DUI defense lawyers for a free consultation regarding your Ambien DUI case. Do not delay in obtaining legal counsel. Doing so may jeopardize your defense. We can review your case and provide you with insight into the strengths and weaknesses of the prosecutors claims.
No matter what state you were arrested in our team of Ambien DUI defense attorneys can help as they serve all 50 states and Washington D.C. including: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wyoming and Wisconsin.