To Sleep or Not to Sleep? The DUI Ambien Defense
To Sleep or Not to Sleep? The DUI Ambien Defense
Did you know that if you take Ambien, a prescribed sleep medication, that you are at risk of “sleep-driving” and DUI charges?
For many, Ambien is just a medicated sleeping pill to take when they are having trouble falling asleep at night. However, what many people do not know is that by taking Ambien on a daily basis, you could find yourself behind bars without any recollection of the night’s events.
What is “Sleep-driving?”
The FDA defines “sleep driving” as driving while not fully awake after ingesting a sedative-hypnotic product, with no memory of the event.
Sleep driving while under the influence of Ambien occurs after a patient takes the medication and goes to sleep. The patient unknowingly wakes up (also known as sleep-walking) and drives a car.
While this may seem funny or absurd, it is becoming a very dangerous thing as many people in Florida suffer from DUI Ambien arrests. Sleep driving can result in serious consequences for you or your loved ones if you are not careful.
DUI Ambien is No Joke
In the State of Florida, it is challenging to determine whether a DUI charge can be upheld because you took a prescribed sleep medication in a lawful manner, and then because of side effects, involuntarily drove your vehicle. According to Florida Statute § 316.193, the State must prove that you were under the influence of alcoholic beverages, a chemical substance, or a controlled substance while driving or in physical control of your vehicle to the extent that your abilities were impaired.
However, neither Ambien nor its main ingredient Zolpidem, are listed as controlled substance under Florida Statute § 893.03 which means that this element of the DUI charge cannot be proven. If the State can prove that you drove after consuming both Ambien and alcohol, then the DUI charges can be upheld.
DUI Ambien May Be “Involuntary Act,” Says FDA
In 2007, drug companies that manufactured sleeping pills added two types of warning labels as instructed by the FDA:
- on a clear label on the bottle
- in a product medication guide that accompanies the prescription
This action brought much attention to the media and legal communities, demonstrating that this condition is involuntary which could act as a defense to Florida DUI charge. A Florida DUI charge can only be upheld for a voluntary act of driving while intoxicated. If a voluntary act cannot be proved in a court of law, then there is no criminal culpability.
Voluntary Acts that Negate this Defense to a DUI Ambien Charge
If you blatantly ignore the warnings of the sleep medication or if you abuse the use of Ambien or other sedative-hypnotic products, the “Involuntary Act” defense will be invalid. Most cases that have been successfully prosecuted involve cases where the defendant:
- Combined Ambien with other drugs and/or alcohol (despite the fact that a “label warning” advised against doing so), and/or
- Exceeded the recommended dosage.
Similarly, people who have been arrested for a Florida DUI Ambien charge include those who:
- Suffer from the “next day” effect — a continued drowsiness after waking up from the drug-induced sleep, or
- Took the drug before they got home, hoping it would “kick in” before bedtime.
If you use Ambien or any other sleeping aide, be extremely careful and always ensure that you are completely alert before driving a vehicle.
If you would like more information about DUI Ambient, please contact an Orlando DUI defense attorney at our law firm. We offer initial consultations and handle DUI cases in Orange, Osceola, Lake, Seminole, and Volusia counties.
