DUI AMBIEN and LUNESTA
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Every year hundreds of people in Los Angeles county, Ventura county, San Bernardino county and Riverside county are being arrested and charged with DUI Ambien or DUI Lunesta offenses. Driving while under the influence of sleep medication is illegal and can lead to an arrest for DUI Ambien or DUI Lunesta. The FDA has recently come out and said that it may not be entirely your fault.
Prescription sleep aids like Lunesta and Ambien are responsible for incidents involving what the FDA calls “sleep-driving.” The FDA defines “sleep-driving” as “driving while not fully awake after ingestion of a sedative hypnotic, with no memory of the event.”
In California, in order to be convicted of a crime such as DUI the actions taken by the driver must have been voluntary. This means that if you voluntarily drink and then choose to drive after ingesting too many drinks you may be convicted of a DUI. The difference involved with DUI Ambien or DUI Lunesta arise where the driver takes Ambien, Lunesta or some “sedative hypnotic”, goes to bed, and involuntarily wakes up and proceeds to drive their car without having any recollection or memory of doing so. This is arguably an involuntary act.
The label change request from the FDA makes it clear that the actions taken under the influence of sleep aids such as Ambien and Lunesta are involuntary. By requesting the label change, the FDA is saying that people, as well as law enforcement should know about these potential side-effects and take them into consideration when dealing with a DUI Ambien or DUI Lunesta arrest case. Overwhelming medical evidence shows that these actions are involuntary and involuntary actions are a defense to DUI and DWI charges.
DUI/DWI Attorneys in Los Angeles, Ventura, San Bernardino and Riverside Counties
Neil Shouse & Associates
888-327-4652
Neil Shouse & Associates
888-327-4652
