I passed every test he had, but I take prescription Ambien. There was ambien in my blood, at the lower range of the therapuetic level (80 ng). I have been on ambien for close to a year. I did not hit any objects, I did not fly off the road, and I was completely coherent and alert. The officer though argues that I was driving under the influence, that is impaired. I do not think I was impaired. I was not stumbling, my words were not slurred, I was not 'sleep driving', and, given how long I've been on ambien, I've built up such a tolerance that 'impairment' would be a moving target. I was going over the speed limit. Still- I was completely coherent and cogent during the entire time. The hospital staff that observed me also corroborated this, as did my landlord that was awake and saw me
Hire an attorney if you want to fight the charge and have a chance to avoid a conviction.
The Orr Law Firm, L.L.C Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship nor should it be considered legal advice.
Mr. Orr gives you the only advice appropriate here. It's unfortunate, but the case should not be handled without an attorney. I'm not sure I know of a better one for this type of matter.
The arresting officer will likely testify differently than your account of the incident. You should hire a lawyer immediately if you are serious about seeking dismissal by the district attorney or acquittal at trial.
DISCLAIMER: This above communication is for general informational purposes only. It does NOT constitute legal advice and SHOULD NOT be used or relied upon as such. Moreover, the above communication does not create an attorney-client relationship between Boal Law Firm and/or Attorney Brian Boal and any other person or entity. Legal representation by Boal Law Firm and/or Attorney Brian Boal is available but shall be set forth specifically in a separate written fee agreement signed by the parties.
What is happening with your case? Have you been charged? If you have been, the arresting office will likely testify that you were driving recklessly, that your eyes were bloodshot or not tracking properly, or something to that effect. You can be convicted of driving under the influence even if you have not been drinking alcohol.
You need to consult with an experienced DUI attorney to protect your rights. Although I would like to tell you that your case should be dismissed, I am only hearing your version of events and do not know what other evidence is out there. A local DUI attorney can help you navigate those issues.
When you are selecting an attorney, do not choose one at random, our reputation is everything, so the best thing you can do is get a referral from someone you trust who has been in a similar situation. You want an attorney who will communicate with you, answer all of your questions with accurate information, and be a strong advocate for you.
We are seeing more and more ambien cases and although your number may be in a thereaputic range, the prosecutor will still proceed forward as the issue is did the ambien affect you to even the slightest degree. You need to hire an attorney if you wish to fight this case. Good luck.
As the others have pointed out you need an attorney now, this will now magically work itself out without you taking action and getting help from an attorney. You should use avvo.com or contact one of the attorneys who answered your question(myself included).
The Law Office of Benjamin Hartford - Benjamin Hartford has 10 years experience in criminal law and specializes in DUI/Vehicular Assault/Homicide Cases. Attorney Hartford's decision to answer your questions does not constitute an attorney/client relationship.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline