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Prescription Drug DUI: The Increasing Incidence Of Involuntary Intoxication
"After taking AMBIEN, you may get up out of bed while not being fully awake and do an activity that you do not know you are doing. The next morning, you may not remember that you did anything during the night. ... Reported activities include: driving a car ("sleep-driving"), making and eating food, talking on the phone, having sex, sleep-walking."
The above warning is from the medication guide for Ambien (PDF) found on the official website of the Food and Drug Administration (FDA). In 2007, in response to numerous reports of high-risk behavior occurring during sleep by people who had taken prescription sedative-hypnotic drugs, the FDA required that all manufacturers of such drugs (like Ambien, Lunesta, and others) "strengthen their product labeling to include stronger language concerning potential risks" as mentioned above.
Of all the mentioned risky activities, sleep-driving after having taken a sedative-hypnotic drug can put one at risk not only of harming one's self or others, but also at risk of being arrested and possibly convicted for DUI. Numerous such cases have been occurring nationwide, with "involuntary intoxication" being presented as a defense.
Involuntary Intoxication Defense
Courts have only recently begun to adequately deal with the complex issue of involuntary intoxication caused by prescription sleep aids such as Ambien or Lunesta. In a 2008 case in California, a defendant who had been found guilty of DUI had his conviction reversed when the California Court of Appeals ruled that he should have received jury instruction on an involuntary intoxication defense.
"A person who becomes intoxicated involuntarily and commits criminal acts unconsciously is not held responsible for those acts - that is, unconsciousness due to involuntary intoxication is a complete defense. ... It was for the jury to determine whether defendant's knowledge that drowsiness could occur was enough to conclude he had reason to anticipate the more extreme adverse effects he suffered," the court said. (emphasis ours)
In the trial where he was found guilty, a toxicologist testified that there were three prescription drugs in his body when police pulled him over, and that these depressant drugs could cause what is known as "sleep driving." Furthermore, his wife testified that he had a history of blackouts related to prescription medication. The judge in that case refused the defendant's involuntary intoxication defense and ruled that he should have known better because of label warnings on the medication containers.
The California Court of Appeals overturned the lower court judge's decision by stating that "[the] defendant was expressly relying on the defense of involuntary intoxication and he presented sufficient evidence to justify instruction on that defense. The failure to so instruct eliminated [his] only defense from the jury's consideration and cannot be deemed harmless."
In a more recent similar matter, also in California, a man took a prescription sedative-hypnotic sleep aid one evening and went to bed with every intention of going to sleep, and with no intention of ever getting up to drive his car. Upon waking up, he discovered himself in custody at a police station under a DUI charge without having any memory of having driven his car during the night and getting into a minor accident (where, thankfully, no one was harmed).
Complexities of Involuntary Intoxication Defense
As more and more people are being prescribed sedative-hypnotic sleep aids, more and more such cases of individuals engaging in sleep-driving and being charged with DUI are occurring around the country.
The complexity behind an involuntary intoxication defense is that the involuntary act was caused by a voluntary act, i.e., taking the medication whose label clearly warned of the dangerous side effect of sleep-driving.
However, as the 2008 California case showed, it is not always possible for a person taking a prescription sleep aid--especially for the first time--to anticipate such an extreme side effect as sleep-driving even after voluntarily reading the warning label, and particularly after receiving the prescription from, and in consultation with, a licensed and competent physician.
Complicating such incidences even further is that, along with the risky behaviors, amnesia is also a side effect.
But involuntary intoxication is not always a valid defense against DUI. If a prescription sedative-hypnotic sleep aid was taken irresponsibly--such as along with alcohol or other medications, which most Ambien-like drug labels warn against--the defendant may possibly be subject to a DUI conviction since he or she took the drug in a manner directly contrary to the warning label's instructions.
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The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.