25 Jun 2013
An Austin cyclist was struck from behind last week by a man suspected of being under the influence of Ambien, a prescription drug used to treat insomnia. Ambien (generic name zolpidem) is described as both a sedative and a hypnotic. According to police, the driver of a pickup truck struck the cyclist and attempted to leave the scene. The bicycle rider, a member of the Austin Fire Department, was transported to the hospital, where he remains in a coma. The pickup truck driver was charged with failure to stop and render aid, as well as aggravated assault.
We can’t say for sure at this point whether the suspect will also be charged with driving while intoxicated, but here is what is likely going on. The offense of driving while intoxicated applies to both alcohol and drugs – including prescription drugs. And if you do not have normal use of your faculties (mental or physical) by reason of having a drug in your system, you are considered legally intoxicated. Unlike DWI/alcohol, however, there is no level of a drug in your system that will constitute a per se violation of the statute. As a result, it is necessary for the prosecutor to prove intoxication.
In the present case, we assume a blood sample may have been taken from the suspect, and although this may confirm the presence of the drug Ambien in his system, it will not prove intoxication, although it may be offered as evidence on the issue. Other evidence may include (a) any admission by the driver that he had taken the drug, and (b) testimony from eyewitnesses concerning his appearance and conduct at the scene.
But whether or not a DWI charge is filed, the suspect is already facing serious charges.
- Failure to stop at the scene of an accident resulting in serious injury is a third degree felony; and
- Aggravated assault with a deadly weapon is a felony of the first degree.
In either case, a conviction, even without a separate DWI charge, will likely land the driver in prison for a substantial period of time.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737