A charge of driving under the influence of Ambien or other sleeping pills can have severe consequences, even for the first-time offender. In addition to serving mandatory jail time, paying significant court costs and fines, and losing driving privileges, first-time DUI offenders may have to submit to lengthy probation or parole supervision after they complete any mandatory DUI jail sentence. It is important to hire a lawyer with extensive experience in Ambien drugged driving defense.
Bucks County Ambien DUI Defense Attorney
I have over a decade of experience providing skilled representation to individuals charged with driving under the influence of Ambien or other sleeping medications in Bucks County, Montgomery County or the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.
The Prosecutor’s Burden of Proof in an Ambien DUI Case
The legal standard for a conviction in an Ambien DUI case appears in 75 Pa. C.S.A. § 3802 (d)(2). To gain a conviction, the district attorney must prove all the following elements beyond a reasonable doubt:
- You were driving, operating or in actual physical control of the movement of a vehicle; and
- You were under the influence of a drug (which can include Ambien, other Schedule IV sleep medications or over-the-counter sleep pills) or a combination of drugs to a degree that impaired your ability to safely drive, operate or be in actual physical control of the vehicle’s movement.
Over-the-Counter Medication May Result in a DUI Charge
Importantly, the law does not require the prosecutor to present expert testimony to establish that the sleeping medication in your system impaired your ability to drive, operate or have actual physical control over the movement of your vehicle. The law does not even require that the sleeping medication in your system be a controlled substance. The DUI law’s definition of “drug” includes common over-the-counter sleeping medications such as Nytol, Sominex and Unisom.
Common Sleeping Pills Found in Drugged Driving Cases
The majority of sleeping pill DUI cases involve “sedative-hypnotic” sleeping medications. Most of these medications are Schedule IV controlled substances. They include:
- Ambien
- Lunesta
- Sonata
- Rozerem
- Restoril
- Rozerem
- Doxepin
Possible Defenses in Sleeping Pill DUI Cases
Often, it is possible to fight a DUI involving sleep medication. Common sleeping pill DUI defenses can be established by proving any of the following:
- The police conducted an illegal vehicle stop.
- The police lacked probable cause to arrest you for DUI.
- You were not driving, operating or in actual physical control of the car.
- The medication did not impair your ability to safely operate the car.
- The state laboratory did not properly test your blood sample.
I have extensive trial experience with alcohol- and drug-related DUI defenses. I will thoroughly review the facts and evidence in your case to determine any legal defenses against your Ambien DUI charge.
PENNSYLVANIA AMBIEN DUI PENALTY CHART
| DUI SENTENCING CHART | FIRST OFFENSE |
SECOND OFFENSE | THIRD OFFENSE |
FOURTH AND SUBSEQUENT OFFENSES |
| TIER THREE
§3802(d)(2) – Controlled Substances (Drugs or combination of alcohol and drugs). May include Ambien, Sonata, Lunesta and other Schedule IV sleeping medications. May also include over-the-counter sleep medications. |
-Ungraded misdemeanor -72 hrs. jail min -6 months jail max -$1,000-$5,000 fine -Alcohol highway safety school -Treatment if ordered by court or if BAC is .16% or greater -12-month license suspension -Immediately eligible for early ignition interlock license -12-month ignition interlock -Flat-sentence eligible -House-arrest eligible |
-First-degree misdemeanor -90 days jail min -5 years jail max -$1,500-$10,000 fine -Alcohol highway safety school -Treatment if ordered by court -18-month license suspension -Eligible for early ignition interlock license after serving 6 months of license suspension -12-month ignition interlock -House-arrest eligible |
-Third-degree felony -1 year jail min -7 years jail max -Up to $15,000 in fines -Treatment if ordered by court -18-month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12-month ignition interlock -House-arrest eligible |
-Third-degree felony -1 year jail min -7 years jail max -Up to $15,000 in fines -Treatment if ordered by court -18-month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12-month ignition interlock |
Accelerated Rehabilitative Disposition (ARD) for Ambien DUI
You may qualify for a pre-trial diversion program for your Bucks County Ambien DUI. The ARD program is generally available to most first-time offenders facing DUI charges. Individuals admitted into the ARD program for DUI are placed on probation and must fulfill certain court-ordered conditions including completion of a drug and alcohol evaluation, highway safety classes and community service as well as payment of court costs.
Advantages of the ARD Program
ARD admission for a DUI-related offense will drastically reduce the length of your driver’s license suspension. Individuals placed on ARD for a DUI related to Ambien or other sleeping medication will face a 60-day driver’s license suspension. Drivers facing an ARD license suspension can apply for an ignition interlock license so that they can drive their vehicles during the suspension period. Successful completion of the ARD program will result in the dismissal of your charges and the expungement of your record. I can evaluate your case to determine whether you qualify for ARD for your first-offense Ambien DUI.
Ambien DUI Sentencing Alternatives
Many sentencing alternatives are available to someone charged with a first, second or third sleeping-pill-related DUI offense in Bucks County, Montgomery County or the surrounding counties. Common sentencing alternatives for Ambien DUI cases include the flat sentence program for first-time offenders and house arrest monitoring for second- and third-time offenders. Both sentencing options require approval from the department of corrections or the probation department and the sentencing judge. I can determine if you qualify for a flat sentence or home confinement if you have been charged with DUI involving Ambien or another sleeping medication.
House Arrest for Ambien DUI
The Bucks County House Arrest Program and Montgomery County House Arrest Program provide eligible individuals with an alternative to serving a DUI sentence in the county jail. Both house arrest programs require a screening interview and are available to eligible candidates charged with a second or third lifetime DUI offense. Individuals approved for house arrest are subject to specific rules and must wear an ankle bracelet that uses a radio frequency to communicate with a monitoring system. Authorities will receive an alert if the device is tampered with or removed.
How House Arrest Works
Ankle monitors are equipped with Global Positioning System (GPS) software that alerts authorities if you travel outside a permitted area. Individuals placed on house arrest are generally permitted to travel to work, school, treatment and legal appointments. House arrest programs have the advantage of allowing eligible individuals to maintain employment, family support and continued outpatient drug and alcohol treatment. I can help you with the application and admission process for the Bucks County and Montgomery County House Arrest Programs.
Bucks County Flat Sentence for Ambien DUI
The Bucks County Flat Sentence DUI Program allows eligible individuals to complete their mandatory minimum sentence of either 48 or 72 hours at the Bucks County Department of Corrections in Warrington, Pennsylvania. Flat sentence program participants must complete mandatory highway safety classes while completing their 48- or 72-hour DUI sentence. Individuals who successfully complete the requirements of the DUI flat sentence program are released from custody when their 48- or 72-hour sentence is over. An individual who satisfies all the flat sentence program requirements is not subject to probation or parole supervision at the conclusion of their sentence. I can determine whether you qualify for a flat sentence for your Ambien DUI case.
Start With a Strong Defense
Do not hesitate to contact me if you or a loved one has been charged with driving under the influence of Ambien or other sleeping medications in Bucks County. I will fight to protect your freedom and ability to drive. Phone lines are open 24 hours a day at (215) 752-5282. Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.
