Ambien DUI VC 23152

Charges of DUI of sleeping pills is complicated. It is hard to prove the “sleep driving” phenomenon or driving while not fully awake after taking a sleeping pill. According to California Vehicle Code 23152(e), driving under the influence of sleeping pills such as Lunesta or Ambien is regarded as a criminal offense. Ambien is one sleeping pill that is known to impair drivers.

Scenarios in which you may be arrested for DUI

There are two common scenarios in which you may be arrested for DUI of sleeping pills:

  • You drove while suffering from the "next day" effect. This means were experiencing a continued drowsiness after waking up from drug-induced sleep.
  • You took drugs before driving home, but the drug “kicked in’ before you got home.

In such cases, the officer might arrest you for driving under influence of sleeping pills.

What are penalties for DUI of Ambien in California?

In California DUID can either be prosecuted as a misdemeanor, or as felony.

Penalties for misdemeanor

Simple Ambien DUI charges are filed as a misdemeanor with thee following penalties:

  • A fine
  • 3 to 5 years of DUI probation
  • Completion of a California DUI school program
  • Suspension of your driving license
  • Possible jail
What are the possible defenses to Ambien DUI charges?

You can defend against an Ambien DUI charge by arguing:

  • You were not asleep while driving.
  • You were not driving at the time of arrest.
  • The traffic stop was illegal.
  • Your driving was not impaired.
  • You did not exceed the recommended dosage.
  • Did not combine Ambien with other drugs.

As required by law, Ambien must be labelled by the Food and Drug Administration (FDA) as sleep inducing. That will serve to warn users against taking the drug while they have a sensitive operation or activity they intend to undertake. The warning should be clearly indicated on the bottle and on the product medication guide.

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