This is the third installment in a continuing series about the Ambien defense when used to beat a DWI Prescription Drug Charge. In this week’s post we will begin to explore the various legal responses to the Ambien defense as it relates to DWI Prescription Drug cases. Please keep in mind that this post is educational in nature and is not providing legal advice. For specific information about a criminal case you are involved in, contact the Law Office of Kimberly Griffin Tucker for a free consultation. Make sure to check back next week, for the final installment of the series.

The Ambien Defense

In legal circles, the Ambien defense is based on the premise that the defendant did not voluntarily cause his or her unconsciousness when engaged in sleep driving. The defendant did in fact take the drug Ambien, or zolopidem, as prescribed and according to the prescription instructions. The defendant did not use or take any other drugs or alcohol. Thus, the defendant is not guilty of his or her actions because there was no conscious driving or knowledge that she or he was driving.

Legal Response to the Ambien Defense

The idea of this series is to bring awareness to the dangers of sleep driving when using Ambien. People caught with a DWI Prescription Drug charge because they were sleep driving have an uphill battle to get a dismissal of their case. By understanding the medical side effects to sleeping pill use along with the legal consequences, you should be better informed and able to make decisions on your treatment options for insomnia.

#1: The Ambien Defense is Not Applicable in all Situations.

If you take medication, even with a prescription, many times it comes with a warning that you should not operate heavy equipment. While heavy equipment conjures images of farm tractors or jackhammers – heavy equipment in prescription drug warnings means automobiles. When the label says “Do not operate heavy equipment,” it means do not drive. Take the sleeping pills as prescribed and do not drive a car while under the effects of the sleeping pill.

#2: Warnings and Side Effects are Well Known Now

While there was little evidence about the side effects of Ambien before, by now, many of them are well known and documented. The warning labels on the prescription bottles have been amended numerous times to warn about the dangers of sleep driving and amount of alert activity you can engage in after consumption of the sleeping pill. People who take the sleeping pill must ensure that they mitigate the harmful side effects. Hide the car keys. Sleep with a person that can monitor you overnight.

Contact a Plano, TExas DWI Prescription Drugs Attorney Today

You need and deserve aggressive representation to resolve your DWI Prescription Drugs case. Call the law offices of Kimberly Griffin Tucker at (214) 445-6336 or visit our website to schedule your free initial Prescription Drugs consultation.