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Should You Drive After Taking Ambien?
If you get behind the wheel of your vehicle after taking Ambien, having a doctor’s prescription will not help you if you are prosecuted for driving under the influence (DUI) or driving under the influence of drugs (DUID). Instead, you will need to be represented by a San Bernardino County DUI attorney, and you’ll need to get in touch with that attorney as quickly as possible.
Ambien is a prescription-only sleep medication that may cause impaired judgment, dizziness, and confusion. Individuals who are using Ambien may be unaware that they are not fully alert and are a risk to themselves and others if they’re driving.
However, merely taking Ambien does not mean that you will be convicted of DUI or DUID. In order to convict you of either charge, the state still has to demonstrate beyond a reasonable doubt that you were driving a vehicle while under the drug’s influence.
How Long Does Ambien Remain in Your Bloodstream?
How long does it take before traces of Ambien can no longer be detected in your system? A blood test can detect Ambien for up to twenty hours, and a urine test can detect Ambien for up to forty-eight hours after you’ve taken the drug.
If you use any prescription or over-the-counter medicine, carefully read the directions and warning label. A driving under the influence conviction may be penalized with probation, a costly fine, a suspension of your driver’s license, and in some cases, time in jail.
If you don’t read the Ambien warning label before you use the drug, and you are subsequently charged with DUI or DUID, a prosecutor will argue that you should have read the label to learn about the effects of using Ambien.
What is the Ambien Defense?
The Ambien defense is a legal defense sometimes used by defendants who’ve been charged with DUI or DUID. These defendants claim that they took Ambien and didn’t know that they were driving while under its influence.
In a DUI or DUID case, the Ambien defense is the claim that you were not voluntarily driving. Instead, you were “sleep-driving” under the influence of Ambien, or your poor driving was the result of another Ambien side effect, such as drowsiness.
Because you presumably were not driving voluntarily, if the Ambien defense prevails, you will not be convicted of DUI or DUID. However, DUI attorneys and their clients have found that the Ambien defense often does not prevail because:
- The defendant admits to being voluntarily intoxicated.
- The drug’s warning label advises against driving while using Ambien.
Is the Ambien Defense Available in California?
In some states, the Ambien defense is available to first-time DUI or DUID defendants. If you have a previous conviction related to using Ambien in one of those states, it’s difficult to argue that you were not driving voluntarily.
However, since 2012, the courts in California have accepted the Ambien defense only in rare, extraordinary cases. In People v. Mathson (2012), the defendant admitted taking Ambien at home and falling asleep.
He contended that he was not guilty of driving under the influence because he was “sleep-driving” and not conscious when he was driving. The court rejected this defense because the defendant was voluntarily intoxicated. Mr. Mathson was aware of the drug’s effect, and he nevertheless chose to use the drug. The court convicted him of felony DUI.
How Will a DUI Lawyer Assist You?
If you are charged with DUI or DUID after using Ambien, here is how a San Bernardino County DUI lawyer will advocate on your behalf:
- Your attorney may call on a medical expert to testify regarding the effect that Ambien had on your driving ability.
- Your attorney will analyze the results of any breath, blood, or urine tests. Such tests may be able to prove that Ambien caused you to drive involuntarily.
- Proving the Ambien defense requires your DUI attorney to offer a convincing and comprehensive presentation of the evidence.
Even if the Ambien defense is not the most effective strategy in your DUI case – and in most cases, it isn’t – your lawyer will provide advice regarding your defense options based on the details of the case. If you are charged with DUI or DUID after using Ambien, you must have the assistance that a San Bernardino County DUI attorney offers.
What Are the Penalties for DUI and DUID Convictions?
In California, a first DUI or DUID conviction may be penalized with jail (up to six months for a first offense) and/or probation, a temporary driver’s license suspension, a costly fine, court-ordered attendance at DUI classes, and the installation of an ignition interlock device.
Penalties are harsher, however, if an impaired driver causes an injury or fatality, and penalties are also harsher for each subsequent conviction. A third DUI offense within a ten-year period is charged as a felony and is penalized with a mandatory 120 days – and up to a year – in jail.
If you are placed under arrest anywhere in Southern California and charged with DUI or DUID, you must reach out at once to a San Bernardino County DUI lawyer. Exercise your right to stay silent, and after presenting your license, registration, and proof of insurance, don’t answer any questions before consulting your lawyer.
Meet DUI Attorney Patrick Silva
For more than a dozen years, California DUI attorney Patrick Silva has defended those charged with driving under the influence in Southern California. He’s a member of the California DUI Lawyers Association and the National College for DUI Defense.
Breath, blood, and urine tests are often inaccurate, and a police officer’s testimony may also not be accurate. Attorney Patrick Silva knows how to find the weaknesses in the state’s case against you and how to defend you effectively against DUI and DUID charges.
If you face either a DUI or DUID charge anywhere in Southern California, your first consultation with Patrick Silva, Attorneys at Law, is provided without cost or obligation. Schedule that consultation by calling our offices in Redlands at 909-500-4819, and attorney Patrick Silva will ensure that you’re treated fairly by the court.
