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

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.

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.

It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in this state. The fact that your friend blew .100 on the Intoxilyzer 5000EN shows that she still had alchol in her system and on her breath at the time of driving. Since she took the breath test, the Ambien issue would substantially go to her level of impairment, but won't help beat the breath test result.

The first key is to challenge the breath test. Unless your friend disclosed this information, the State probably isn't aware of the Ambien in her system unless she told them or submitted to a blood test. Like any DUI case in Colorado, their are many variables that make each case unique and all cases can be challenged and should be fought. Your friend should consult with an attorney immiedately and should hire the best attorney she can afford. I understand her financial situation, however, this offense is a lifelong offense and can carry some pretty severe criminal penalties along with possible civil liability due to the accident and he failing to have valid insurance.