I was prescribed lexapro, kolonpin and ambien. After a arguments with spouse I feel into.relapse and.purchased alcohol and drank. I couldn't sleep so.I took my ambien. I woke up 9am and was still upset had a few shots then realized I was using alcohol and choose to stop. I was still tired and restless from previous night so I took 3 ambien pills around 1 pm and went to sleep. I woke up with my face in an airbag 8 hours later. I apparently hit some one and they had no injury just damage to car. I am charged with DWI Class A. My previous DUI was in GA over 15 years ago. Sill waiting for BAC but I suspect it is really high since after jail I found a empty 5th of rum. Am I going to get elevated punishment for this type of scenario. Do I have a defense for involuntary intoxication?
First, it is not involuntary intoxication - you took the pills; no one slipped them to you. Moreover, intoxication is not an issue of voluntary or involuntary for legal reasons (although if one had a compelling case of involuntary intoxication then a jury, and maybe even the prosecutor, might be persuaded.)
Unfortunately, you are not the first who has "sleep" drove while on Ambien. That stuff is terrible!!
You are a second offender, and with the accident, the facts are a bit more egregious.
You need to hire a good lawyer ASAP. You are facing up to 1 year in jail and up to a $4,000 fine as a second offender.
Your question is unclear as to whether you were in your car during all of the facts you presented or if you fell asleep in your house and woke up in your car. Ambian has horrible side effects and you may have a defense of involuntary driving. Don't post any more facts on here, but instead, consult with a local criminal defense lawyer.
Stop providing factual details (to the extent you can) about your circumstances. You absolutely need to consult with qualified criminal defense counsel with experience in DUI defense. I'm sure attorneys licensed in TX will respond. Start looking for suitable counsel without further delay. If you need assistance I can refer you to very qualified counsel in Austin. You can contact me at email@example.com God luck.
" My previous DUI was in GA over 15 years ago. "
Then you are familiar with the procedure and the fact that you need a criminal defense attorney. As you will recall, IF you are deemed indigent, an attorney will be appointed for you. If not, you will have to pay for your own attorney.
The TX and your local bar associations can provide you with referrals.
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