DWI from medicene. Blew 0.0 at the station.

[jwdavis83]

I live in Texas.

Last night, I was pulled over for speeding and wreckless driving. After speaking with the officer, and telling her how I had just recently taken a sleep aid (Ambien), she dropped the speeding and wreckless driving, but gave me a ticket for a DWI. I was arrested and taken to jail.

She didn't ask me to blow while we were pulled over. I did take the breath test at the station, though, and I blew a 0.0. I was not aware (but not surprised), until I was able to leave the next morning.

I had been drinking much earlier that day. I told them I had been drinking that day, but I know Ambien makes me acts... loopy, and so I'm sure the combination of saying I had been drinking earlier, and then trying to say it was from a medicine was a bit difficult to effectively communicate.

I'm not really sure what my options are. From what I've found, having a DWI is fairly devastating to your record. I definitely shouldn't of been driving after taking the medicine, but does it make any difference that I blew 0.0 at the station? Do I still have options?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[CdwJava]

You can still be charged with impaired driving even if it was only from medication. If you feel "loopy" you should NOT be on the road!

Since they did not take a blood test, then there may be little evidence of impairment unless the officer's observations are sufficient to show that you were impaired.


- Carl

[BigMistakeFl]

I'm stuck trying to figure out why you would take a prescription sleeping pill before driving.

Please always read to cautions that are both on the bottle and detailed in the documentation you receive with all prescriptions, especially those that advise against driving or operating machinery.

[CourtClerk]

Ambien is an EXTREMELY FAST ACTING sleep aid. Why you would take it, then drive is beyond me (and extremely irresponsible) especially given the medication itself states:

How should I take AMBIEN?
• Take AMBIEN exactly as prescribed. Do not take more AMBIEN than
prescribed for you.
• Take AMBIEN right before you get into bed.

The most common side effects of AMBIEN are:
• drowsiness
• dizziness
• diarrhea
• “drugged feelings”
• You may still feel drowsy the next day after taking AMBIEN. Do not
drive or do other dangerous activities after taking AMBIEN until
you feel fully awake.

[jwdavis83]

I do know those things. I am one of the lucky people who experience all of the not-so-fun Ambien adventures of sleep walking, and doing bizarre things in my sleep.

I didn't think to myself, "I'm going to take an Ambien and then drive," but more like, "I'm going to take an Ambien and go to sleep," but then I ended up "sleep driving."

The people I spoke with at the jail, and the officers seemed fairly sympathetic to my situation. They felt I may be able to explain the situation at my court appearance and potentially have the charges dropped. I have never been arrested, or any kind of trouble for that matter.

They had instilled confidence in me that being that I have no prior problems, a working college grad, and blowing a 0 may be good enough for the charges to be dropped.

Then again, I haven't a clue if that's how it will actually go.

[CavemanLawyer]

Sleep driving? That is the first time I have heard that defense and I gotta tell you that you might want to rethink telling that to the prosecutor. You stated in your first post that you spoke with the officer and told him about how you had taken Ambien, and chances are this will not be disputed since it is probably on video. I'm not trying to be accusatory here but were you sleep talking at this point? It is believable that people can engage in gross motor function in their sleep. Talking incoherently, walking or eating in your sleep are all recognized phenomena. But actually navigating your car onto another street (I'm guessing you didn't get pulled over immediately) or having a meaningful conversation with someone are not something you'd expect a person to be able to do in their sleep. Surely you can at least see how this explanation comes across as a little disingenuous.

When you told them that you had taken ambien or surely when you blew 0.00 the officers should have requested your blood or brought in a DRE (someone trained to recognize the effects of drug/narcotic usage.) Since they did not do this it substantially undermines the case. If you are on video driving badly or performing the standardized field sobriety tests poorly, coupled with your admission of taking an intoxicant, it might not matter though. Still, in my experience juries are extremely sympathetic to people under the influence of prescription medication or especially over the counter type sleep aids, as opposed to alcohol or illegal narcotics. I'd say that you have several positive things in your favor but that you are far from out of the woods.

[las365]

Last night, I was pulled over for speeding and wreckless driving. After speaking with the officer, and telling her how I had just recently taken a sleep aid (Ambien)

This doesn't make it sound like you were "sleep-driving." You say you were cognizant and aware of what you were doing.

And it's RECKLESS. Not "wreckless." Reckless.

I do know those things. I am one of the lucky people who experience all of the not-so-fun Ambien adventures of sleep walking, and doing bizarre things in my sleep.

Then you need to find a different way to get to sleep. You WERE driving while intoxicated; it's just that the intoxicant wasn't alcohol. That fact that it was Ambien and not vodka doesn't lessen the risk you posed to others and to yourself.

But, Caveman Lawyer, I have heard of people "sleep-driving" on Ambien. It's a strange drug and one that I think has been irresponsibly pushed to the American public. [/soapbox]

[BigMistakeFl]

I'm an occasional sleep walker, and my adult son does also. Neither of us have ever strayed as far as getting the keys, wallet so we have our license with us, opening the garage door and successfully driving without waking. I doubt any jury will believe it either.

Even if the sleep driving theory takes hold, it does not change the fact that you were driving while impaired. And your admission of having taken the Ambien is part of the prosecution. The reasons why you drove are no stronger than the drunk who doesn't remember getting into the car.

[CavemanLawyer]

Originally Posted by las365

But, Caveman Lawyer, I have heard of people "sleep-driving" on Ambien.

Sleep driving in the sense that the medicine kicks in while driving and the person continues to more or less steer the car, absolutely. This happens to people who drift into a half sleep even when not on any intoxicant. They basically go into autopilot without really knowing what they are doing. But like I said, this is very different from finding the keys, unlocking the door, starting it up, backing the car out of the driveway, putting it in drive, making several turns to get out of their neighborhood and then getting on a major roadway, all while asleep. Its very hard to believe.

[ajkroy]

Ambien has been linked to a number of strange sleeping behaviors, including eating and sleeping.

[url=http://www.washingtonpost.com/wp-dyn/content/article/2007/03/14/AR2007031401027.html]FDA Says Pills Can Cause 'Sleep-Driving' - washingtonpost.com[/url]

I still don't think that was the case with the OP, since these people have no idea what they are doing (and are usually in various states of nighttime wear at the time). My hunch is that the OP is using a known side effect to try to evade resposibility for the DWI.

[jwdavis83]

Let me try and clear some things up.

I'm not looking for a scapegoat, but I would rather find myself without a DWI in the end if at all possible. I don't intend to hire an attorney.

Whether or not you find it hard to believe that I was "sleep driving" doesn't much matter. It's a very strange feeling when taking the drug, and I don't expect you to really understand my explanation unless you yourself have taken it. Even if you have, different people experience different abnormal side effects.

I'm fully prepared to take responsibility for the DWI if that is the outcome, but I do find some solace in that some of the authority figures I interacted with that night seemed to feel this was a "honest mistake." Notice how I put quotes around that? I don't think I'm absolved from my mistake because it was a prescription drug and not narcotics/alcohol.

Thank you for your thoughts and help.

[Some Random Guy]

not commenting on the DUI here, but on Ambien.

Since you are one of the ones susceptible to its bizarre side effects, I would suggest switching to another sleep aid. Or, if there are not other effective ones, avoid drinking any alcohol and only take it after you get into bed. Several of the instances of bizarre sleep activities have been for people who have consumed a few drinks before taking the product.

[BigMistakeFl]

Originally Posted by CavemanLawyer

Sleep driving in the sense that the medicine kicks in while driving and the person continues to more or less steer the car, absolutely. This happens to people who drift into a half sleep even when not on any intoxicant. They basically go into autopilot without really knowing what they are doing. But like I said, this is very different from finding the keys, unlocking the door, starting it up, backing the car out of the driveway, putting it in drive, making several turns to get out of their neighborhood and then getting on a major roadway, all while asleep. Its very hard to believe.

I guess I can buy this, but again, I sleep-walk and could never take all these steps in that stupor. If what you say is true, and I'm not doubting it, it still implies that the OP took the meds, then chose to drive. Still sounds like driving while impaired, knowingly having taken the medicine despite the warnings.

[CavemanLawyer]

Originally Posted by BigMistakeFl

I guess I can buy this, but again, I sleep-walk and could never take all these steps in that stupor. If what you say is true, and I'm not doubting it, it still implies that the OP took the meds, then chose to drive. Still sounds like driving while impaired, knowingly having taken the medicine despite the warnings.

Oh no doubt. In Texas, DWI has no mental state. You do not even have to intend to drive you just have to be driving while legally intoxicated, even in a bizarre situation where your intoxication was involuntary.

I don't think the OP can claim he was not DWI, he just has one of those sympathetic stories that tend to sell well to juries.

[Zigner]

I have somebody very close to me who has occasional bouts of sleepwalking. In the past, she had to be woken up because she was behind the wheel of her car (sitting in her driveway) trying to put the key in the ignition. Luckily, she was using the wrong key from the ring.