My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
Even though the majority of people charged with DUI are suspected of drinking alcohol, you can also be charged for a DUI while under the influence of certain prescription medications like sleeping pills. Take a look at some of the defenses that your DUI attorney may use.
You were driving while asleep and not aware of what you were doing.
Some prescription medications are actually linked to a side effect referred to as sleep-driving. A person who is sleep-driving will have climbed out of bed after going to sleep, got in their car, and drove all while they were still asleep. This phenomenon is caused by certain drugs that are called sedative-hypnotics; the drugs don't just put you to sleep, they can put you into a deep hypnotic state in which you are somewhere between asleep and awake. It is at this state where most people experience things like talking in their sleep or walking in their sleep, but even scarier, some people do try to perform normal activities they do while awake like driving.
If this happened to you, it may be a defense your attorney can use. Do keep in mind, however, this would only be a logical defense if you were obviously dressed in bedclothes and not traveling with passengers.
You were not aware of the side effects of the medication when you took it.
Normally, when a person is prescribed prescription sleep medication, the doctor will go over the side effects and even the pharmacist will place warning stickers on your bottle that state you should not drive. However, if you have not received such warnings and had no idea that the medication would impair your ability to drive, you may have a reasonable defense the attorney can use.
You took the medication before going to bed and were still under the influence when you woke.
Some people are actually not warned about how quickly the medication will take effect and the fact that they should not drive for several hours after taking the medication. For example, if you take the medication at night before you go to bed, you may still be under the influence when you wake up for work early in the morning is substantial enough time has not passed. If you were arrested for DUI several hours after taking the medication and sleeping, this may be something your attorney can work with to build you a credible defense for what took place.
To learn more about dui attorneys, contact a company near you.