An Explanation of "DUI Drugs" (DUID) in California - California Drug Crimes Defense Lawyers
California Vehicle Code 23152(a) VC prohibits driving under the influence of drugs. This law not only applies to illegal drugs but to prescription and over-the-counter drugs as well. DUI Ambien is one way to invite this charge.even if you don't realize that you are, in fact, driving.
"Sleep driving" is defined by the FDA as "driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event". Ambien and other popular sleeping medications like Lunesta are sedative-hypnotic products that can cause this condition.
Sleep driving while under the influence of Ambien or Lunesta occurs after you take the medication, go to sleep, unknowingly wake up (and start sleep-walking) and then drive a car. It's a growing danger, as hundreds of people continue to suffer California DUI Ambien arrests.
Even though sleep driving has become a recognized phenomenon, and akin to sleep-walking, it is nevertheless illegal. If you use Ambien, Lunesta or any other "sedative-hypnotic" medication and then drive, you face conviction for a California DUI of drugs charge.
In 2007, the FDA ordered drug companies that manufacture these types of drugs to warn users of the "sleep driving" side effect. This warning comes in two forms: (1) on a clear label on the bottle, and (2) in a product medication guide that accompanies the prescription.
The fact that the FDA took that action is incredibly significant. It demonstrates that this condition is involuntary which could arguably act as a defense to a California DUI of drugs charge. A California DUI criminalizes the voluntary act of driving while under the influence. It follows that if there's no voluntary act, then there's no criminal culpability.
The fact that sleep driving is involuntary is further corroborated by the evidence that surrounds a typical DUI Ambien arrest...those stopped are often only semi-clothed in sleeping attire, disoriented, and/or oblivious to the DUI investigation. But.
Ignoring warnings or otherwise improperly using Ambien or other sedative-hypnotic products will invalidate this defense. Most of the cases that have been successfully prosecuted involve cases where the defendant
Similarly, many of those who have been arrested for California DUI Ambien or Lunesta include those who
Unfortunately, these scenarios subject you to possible conviction for DUI Ambien, as they meet the very definition of a California DUID under California Vehicle Code 23152(a).driving under the influence of a drug.
The bottom line is this -- be very careful when using these extremely potent sleep aids. If you're taking Ambien, Lunesta, or another prescription or over-the-counter sleep medication, always ensure that you're completely alert before driving. It is also a good idea to hide your keys before going to bed.
To learn more information about DUI Ambien, we invite you to contact us. We have local DUI law offices in Riverside, Rancho Cucamonga, Ventura, and in all surrounding Southern California areas to conveniently serve you.
If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.
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