Kerry Kennedy recently arrested for DUI? How does the drug Ambien affect a DUI in Polk County Florida?
Kerry Kennedy, who is the niece of JFK, was recently arrested for Driving Under the Influence (DUI) after getting into an accident. She allegedly hit a tractor-trailer (semi truck) which, in Florida, would have been charged with DUI with Property Damage and Leaving the Scene of an Accident Involving Property Damage. She allegedly told police she had taken Ambien, a commonly prescribed medication for sleeping disorders. The family later stated that it may have been due to her suffering a seizure at the time of her driving.
She allegedly took the breath test (the Intoxilyzer 8000 is used in Florida for breath testing) which recorded a 0.00 or “No Alcohol” in her system. She also allegedly supplied a urine sample, to determine if she had any controlled substances in her system, for the DUI officer.
Many people who call often think that they can not be charged with DUI because they blew less than the 0.08 limit or even 0.00 like Kerry Kennedy. The suspected DUI driver feels that they can not be charged with DUI for a controlled substance because the have a legitimate and legal prescription for the medication they were taking at the time of driving. This is not the case inFlorida.
The easiest understand how someone can be guilty of DUI for being under a medication proscribed by a doctor is by comparing it to a drinking and driving case. It is legal to possess or consume alcohol (in most instances). It is also legal to drink and drive so long as the driver does not drink so much that it impairs his normal faculties and ability to drive a car. Likewise, it is legal to possess and take medications that your doctor prescribes to you. However, even though it is legal for you to take the medication, if that medication affects your normal faculties and your ability to drive so that you are impaired, then it is illegal and the driver can be found guilty of DUI of a controlled substance.
AMBIEN DEFENSE TO A DUI CASE!!!
How is Ambien different from a normal DUI? Ambien is NOT listed as a controlled substance in Florida. Therefore, the prosecutor can not prove a key element of a DUI case, that the person was under the influence of a controlled substance. Controlled substances are listed in the Florida criminal statutes under Florida’s drug law Chapter 893. So, if a suspected DUI driver is arrested and takes the breath test and blows 0.00 on the Intoxilyzer 8000 and then provides a urines sample, which comes back showing that Ambien was the only controlled substance in that person's sytem, that suspected DUI driver would have a very good defense to DUI! Ambien is metabolized in the body very quickly so whether it shows up or not in the drug panel would depend on several factors including when the drug was last taken.
MOST DRIVERS WILL RECEIVE A TEMPORARY LICENSE AUTOMATICALLY WHEN THE DRIVER ARRESTED FOR DUI REQUESTS THE HEARING.
KEEP DRIVING UNTIL A FINAL DECISION IS MADE WHETHER TO SUSTAIN OR INVALIDATE THE SUSPENSION.
Call and speak to Thomas C. Grajek, an experienced DUI lawyer in Polk County today! I can help you fill out the forms, get them to the DHSMV, and keep you driving!
PROTECT YOUR RIGHTS!!! CALL NOW !!! 863-688-4606
I handle all Polk County Driving under the Influence cases. If you have a Winter Haven DUI case, Bartow DUI charge, Haines City Police Department DUI case, or any Polk County Sheriff DUI case, call now for your free consultation.