Sleep medicine may be necessary, but it can be dangerous. Learn more about how you may be charged with a DUI of sleeping pills.
Millions of Americans suffer from insomnia, and many turn to sleep aids to help them catch some ZZZ’s. While medications to help you sleep may be necessary, they can have unintended side effects that could land you in serious hot water.
That’s because certain prescription sleep medications carry the risk of people doing things that they are unaware of while “asleep” — such as sleep walking, sleep eating, and even sleep driving. Even if you are prescribed a sleep medicine by your doctor, you can still be charged with a crime if you drove a vehicle while you were under the influent of sleeping bills and your physical and mental abilities were impaired to an extent that you could not drive in a way that an ordinarily cautious sober person would drive.
What Leads to Driving Under The Influence of Sleeping Pills Charges
There are many medications that could potentially lead to sleep driving. The most well-known medication that causes people to do things while they sleep is Ambien, but other drugs — such as Lunesta, Sonata, Restoril, and Prosom — can also have similar effects. Any sedative-hypnotic sleep medication could potentially lead to a DUI of sleeping pills charge. That is why the FDA requires these drugs to have warnings on the label and the product guide about the risks of sleep driving. It is a common side effect of the drug, and anyone taking it should be aware of the possibility of a charge.
Sleep driving is not the only way that a DUI of sleeping pills may arise, however. Another possibility is that a person took a medication to help them sleep too late in the evening, and was still under the effect of the drug the next morning when they woke up. If you are prescribed a sleep medication, be sure of how it will affect you before driving — and never take it too late at night or early in the morning, as the drug may still be in your system when you are driving. A person may also take a sleeping pill before getting behind the wheel of a car, mistakenly believing that they had time to get home before the sleeping pill kicked in and caused drowsiness. Even if you know how a sleeping pill will affect you, never take one before driving. The possibility that your driving will be impaired is too great — and you don’t want to risk hurting yourself, other people, or getting a DUI.
Is It A DUI If You Are Unaware That You Are Driving?
If you are driving in your sleep because of the effects of a sleeping medication, it seems unfair to charge you with a DUI because you are likely completely unaware of what you were doing. Being unconscious should be a defense to a DUI charge — right? Wrong.
According to California courts, if you have been warned of the dangers of sleep driving, then you are still responsible for what you do when under the influence of a sleeping pill. It’s the equivalent of getting blackout drunk voluntarily and then getting behind the wheel of a car; you may not have been conscious of what you were doing, but you voluntarily chose to get intoxicated and so you are still responsible. The same holds true for anyone taking a prescription sleep medicine that has a risk of sleep driving: if you take this medicine, you are choosing to put yourself into a condition where you may do something like driving while asleep. It seems unfair, but it appears that in most cases, a judge will not accept a defense of being unconscious in DUI of sleeping pills cases.
To prevent a charge of DUI of sleeping pills when taking this often-necessary medication, take steps to prevent yourself from sleep driving. Ask a loved one to hide your keys at night when you take the medicine, or use some type of steering wheel lock to prevent yourself from driving. Alternatively, ask your doctor to prescribe you a different medication with a lower risk of sleep driving. It is better to be safe than sorry — especially when it comes to highly dangerous activities like driving while unconscious.
If you have been arrested for DUI of sleeping pills or any other DUI charge, contact a skilled Newport Beach DUI lawyer today. Attorney Dan E. Chambers is experienced in defending clients in California DUI cases, and offers free initial consultations. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule an appointment!
