Question: I got my first DUI after adding a new sleeping medication to my other prescriptions. Does intent have any bearing in my defense? I have severe spinal arthritis and am on several prescription medications (Percocet, flexeril, Xanax, Cymbalta). The first night after adding trazodone (sleeping pill) I was arrested for DUI. Having NO RECOLLECTION until sometime the next day this is what I was told happened. Sometime after my husband and I went to bed for the night I apparently got up and drove to a stranger’s house, knocked on the door wanting to buy honey. They don’t sell hone. I asked to use the bathroom where I proceeded to completely undress and refuse to leave. After telling me they were calling 911, I dressed and left only to get stuck in the ditch across the street. The police called my husband, I was less than a mile from home, but arrested me anyway because I was (so out of it). Do I have any defense at all?
Answer: You do have a potential defense based on the information you have given in your question. Your situation is similar to other cases where the prescription sleep medication Ambien apparently caused similar unusual behavior. I would recommend that you contact a qualified and competent DUI attorney in your area.