Did You Take A Sleep Aid The Night Before? Watch What You Say If You're Pulled Over This Morning

Could your sleep medication cause you to be suspected of driving drunk? If you use Ambien, also known under the generic name "zolpidem," or a similar sleep medication, this is what you should know.

You may be taking too high of a dose.

The FDA recommend that the bedtime dose of the sleep aid zolpidem be halved because the full dose was enough to still be an impairment in the morning after its use for activities that require alertness—like driving. Women and patients who are using the extended-release versions of the drug are the most susceptible to drowsiness, even after waking.

Despite that, many physicians haven't updated their patient's dosages. If you've been on the drug for a while, you may be so accustomed to the feeling of being half-dazed in the morning that you don't realize that you are driving while impaired. One of the most insidious things about this type of problem is that patients who would never dream of getting behind the wheel while intoxicated still drive after using the full dose of sleeping medication—simply because they don't realize that it's affecting their mental alertness.

You do not want to confess to a potential problem.

If you are pulled over for a traffic violation because you sleepily drove through a red light or slid past a stop sign, the very last thing that you want to do is tell the officer something like, "I think my sleep medication is still making me drowsy." If you say something like that, you've given the officer pretty much all that he or she needs to arrest you for driving while impaired.

Most people don't realize is that voluntarily ingesting any substance that can affect your ability to drive safely can land you behind bars with a DUI charge. The law doesn't make exceptions for prescription drugs.

Similarly, if you get into an accident because you weren't alert enough to respond quickly to changing traffic conditions, do not advise the police officer who arrives that you took a sleep medication the night before. Many people will think to tell a police officer about something like that because they are embarrassed about getting into an accident. That is something that you can discuss with your attorney later if you end up being sued over the accident.

Do not lie if you are asked about medication use.

On the other hand, it's a crime in itself to lie to a police officer if you are directly asked about any medications that you've taken that could be affecting your ability to function or stay awake. If a savvy officer does ask if you've taken any medication in the last 12 or 24 hours that could be affecting your ability to drive, the safe response is always, "I think I'd prefer to answer any questions like that after I consult my attorney." Refusing to answer the question can't be held against you in court because you have a legal right not to incriminate yourself.

For more information on how to handle this issue or to discuss a specific case, contact an attorney like R. Patrick McPherson Attorney At Law.