Legal Question in Criminal Law in Kentucky

sleep driving on Ambien

F 58 yrs, no priors

DUI

BAC .045

1 10mg ambien tablet

Went to sleep , woke up failing a field sobriety test 2 miles from home. Car was on tracks, totaled by train.

Prosecutor says by law she cannot amend because of mix of alcohol & drugs. If getting it amended is not possible (?) is it feasible to go to trial? Any chance that there is an underlying requirement that there be a volitional physical act?

Dist. Court in Louisville


Asked on 7/30/08, 5:09 am

2 Answers from Attorneys
Daniel Hancock Hancock Law Office

Re: sleep driving on Ambien

Prosecutors are forbidden to amend by statute. It's the legislature's way of interfering with the judiciary. With that BAC, you should hire a DUI lawyer and go to trial.

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Answered on 7/30/08, 8:47 am
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: sleep driving on Ambien

You certainly have a defensive position which could prevail at trial. The key to your defense would be some expert testimony from a toxicologist who could explain to the court that Ambien has some unusual side effects that a reasonable person could not anticipate. If you were not consciously operating the vehicle, you could not be guilty of DUI. The BAC of .045 is well below the legal level of intoxication in Kentucky.

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Answered on 7/30/08, 5:46 pm


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