Legal Question in DUI Law in Pennsylvania

dui/prescription medication

My husband has his 3rd dui/medication dui. the last 2 were for taking ambien and then getting up and driving. He took the meds at home and went to bed. He has taken this medication for some time in the past with no reaction whatsoever. In 2007 he had a reaction and got up and drove, without remembering, and then again in 2008. Never thinking this would happen again. Both times he was home and in bed. Is there a defense. We are on the verge of losing everything over this. We are in PA. Thanks


Asked on 7/21/08, 1:02 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: dui/prescription medication

It's difficult to say whether there is a defense or not without knowing a bit more. Did the police administer any tests? If so what were the results? Also, were there accidents? If not, why did the police stop him? Whether or not there is a defense, you should contact an attorney to represent him at teh Preliminary Hearing. In this situation where he doesn't remember the facts, that is going to be a pretty critical stage of the proceedings. Even if it is going to be a plea and even if you are going to waive the actual hearing, it is useful to have an attorney present to discuss the case with the police and the Assistant D.A. who is assigned to the case.

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Answered on 7/21/08, 5:15 pm


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