Is being on a prescribed drug a valid defense to DUI/DWI

The short answer is no. DUI statutes around the country prohibit driving or being in actual physical control of a car while under the influence of alcohol or narcotics. It doesn't matter whether the narcotic was prescribed or not. Each person is responsible for his/her driving while taking Rx meds.

If they only have her BAC and no urine, she's still over the legal limit of .08. She's looking at first time minimums under your state statute.

Involuntary Intoxication may be a defense if she did not know the possible effects if the test is not valid. She should consult with a local defense attorney.

Colorado law (CRS 42-4-1301) forbids persons from driving while there ability to drive is substantially impaired by alcohol, drugs, or a combination of alcohol and drugs.

If she drank the night before and the next afternoon and then blew a .10, then she either consumed a great deal of alcohol the night before, consumed more alcohol the day of the test, or the breathalyzer test was not correctly administered.

As to what help can be provided for her, she should consult with an experienced DUI defense attorney in Colorado. I practice in Douglas County and would be happy to speak with her.

I concur with the rest. Prescription medications offer no more of defense than illegal drugs when it comes to the DUI statute. However, it appears the state would not need to focus on the urine anyway since your friend blew a .10. Urine cases usually present a more difficult prosecution for the state.

In no jurisdiction I've ever heard of would this be a defense. Here in California, offenders are customarily charged with being "under the influence of alcohol OR A DRUG." That the drug is a prescription medication changes nothing. A driver is generally required not to be impaired by drugs or alcohol, and the driver's responsibility is absolute in the case of prescription drugs.

Most sedatives, and Ambien is a sedative, carry warnings that urge you to exercise caution if you're driving or operating machinery. Ambien's instructions recommend that you have an uninterrupted 7-8 hour period of sleep after taking the drug.

Ambien's manufacturers have reported an interesting side effect: SLEEP-DRIVING. In some cases, Ambien-users have engaged in complex behavior while unconscious, and have had no recollection afterward. In rare instances, Ambien-users have been reported to get in the car and drive, and to be completely unable to remember having done so.

I'm not an attorney on CO so I am not familiar with the DUI law and cannot give advice on CO law. However, here in Oregon you can in fact be charge with a DUI if its due to prescription drugs or narcotics. What is interesting about your question is that you indicated that there was a blow of .10. Intoxication from prescription drugs does not affect the blow. Thus, if her blow was .10 the following day factually she most likely had an extremely high alcohol content the night before and in the morning independent of the Ambien.

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