Understanding the "Ambien Defense" (June 2023)
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... What Is the "Ambien Defense"?

The Ambien defense is a legal defense used by individuals who have been charged with DUI, but claim that they took the sleep medication Ambien and unknowingly drove while under its influence. Ambien is a prescription sleep medication that can cause dizziness, confusion, and impaired judgment. Individuals taking Ambien may not be aware that they are not fully alert and may be a risk to themselves and others while driving.

The Ambien defense is a form of the involuntary intoxication defense. It is based on the argument that taking Ambien caused the driver to be in an intoxicated state, without their knowledge or intention. In theory, the defense can be effective if the defendant can prove that they took Ambien as prescribed, did not realize they were driving, and had no intention of breaking the law.
The Effectiveness of the Ambien Defense in California DUIs

According to the California Department of Motor Vehicles, drivers in California can face DUI charges when caught driving with a blood alcohol concentration (BAC) of .08% or higher (for individuals aged 21 and older) or while under the influence of alcohol or drugs that affect the driver's ability to operate a motor vehicle.

But what about using the Ambien defense to get your DUI charges dismissed in California? The effectiveness of the Ambien defense in California DUIs is rather questionable after the infamous case of People v. Mathson in 2012. In this case, the defendant admitted to taking prescription Ambien at home and then falling asleep. The defendant argued that he was not criminally liable for DUI because he was "sleep-driving" and not conscious when behind the wheel of his vehicle.

However, the court refused to accept the defendant's sleep-driving defense and convicted him of a felony DUI. The court explained that the defendant was "voluntarily intoxicated" because he was aware of the intoxicating effect of the drug and knowingly ingested the drug. Thus, the Ambien defense in California DUIs may not be a viable defense unless you can prove that you were involuntarily intoxicated, did not knowingly ingest the drug, and/or were not aware of the intoxicating effects of the drug. ...