Ambien Possession Lawyer
Ambien Possession Lawyer: Your Guide to Legal Defense
Being charged with possessing Ambien without a prescription can be scary. But with the right legal defense, you may be able to get the charges reduced or dismissed. This article will provide an overview of Ambien possession laws, potential penalties, and legal defenses to fight the charges.
What is Ambien?
Ambien (generic name zolpidem) is a prescription sleep medication used to treat insomnia. It belongs to a class of drugs called sedative-hypnotics that act on the brain to induce relaxation and sleep. While generally considered safe when used as prescribed, Ambien does come with side effects like dizziness, impaired coordination, and memory issues. It also has the potential for dependence and abuse.
Is It Illegal to Possess Ambien Without a Prescription?
Yes, possessing Ambien without a valid prescription is illegal. Ambien is a federally controlled substance classified as a Schedule IV drug. Simple possession without a prescription can lead to criminal charges like:
- Unlawful possession of a controlled substance
- Possession of a prescription drug without a prescription
- Possession of drug paraphernalia (if pills were stored in an illegal container)
What Are the Penalties for Ambien Possession?
Penalties vary by state but may include:
- Up to 1 year in jail
- Fines up to $1,000
- Probation
- Drug counseling or rehab
- Driver’s license suspension
Possession of larger amounts may lead to more serious felony charges. Things like intent to distribute or trafficking can carry lengthier sentences. Prior drug offenses can also mean harsher punishments.
When Might Ambien Possession Lead to DUI Charges?
While rare, it is possible to get a DUI while on Ambien. The drug can cause drowsiness, confusion, and impaired coordination even when taken as prescribed. If you’re visibly impaired and caught driving, you may face DUI charges.
This is more common in cases of Ambien abuse. Taking it recreationally or in higher doses increases impairment. Mixing it with alcohol also heightens effects.
Potential Defenses for Ambien Possession
If charged with possessing Ambien illegally, a criminal defense lawyer can help build a strong legal defense to fight the allegations. Here are some potential defenses:
You Had a Valid Prescription – One of the best defenses is showing proof you had a current prescription for the Ambien at the time of possession. This immediately invalidates the charges. Gather evidence like prescription bottles, doctor’s notes, pharmacy records, etc.
No Proof You Possessed Ambien – Another defense strategy is contesting whether you actually and knowingly possessed the Ambien. For example, if it was found in a car you borrowed, you can argue it belonged to someone else. Lack of fingerprints or other evidence linking you to the Ambien can create reasonable doubt.
You Lacked Criminal Intent – Prosecutors must prove you knowingly and intentionally possessed the Ambien illegally. You may be able to argue you didn’t realize the pills were in your bag or pocket. Or if you took Ambien prescribed to a spouse or family member by mistake.
Fourth Amendment Violations – If police improperly stopped, searched or arrested you in violation of your Fourth Amendment rights, any evidence found may be inadmissible. An experienced lawyer can file a suppression motion to get the charges dismissed.
Involuntary Intoxication – For DUI cases, you may argue that Ambien intoxication was involuntary – meaning you took it as prescribed without knowing how impaired it would make you. This can negate intent and criminal liability.
Finding the Right Lawyer for Your Case
Don’t go through an Ambien possession charge alone. An experienced criminal defense lawyer can carefully examine the details of your case and build the strongest defense. They can also negotiate with prosecutors for reduced charges or sentencing leniency.
When choosing a lawyer, look for someone with extensive experience specifically handling drug possession cases. Also consider their track record of getting charges dismissed or reduced. Be sure to choose someone you feel comfortable with and who will fight aggressively on your behalf.
Defending against Ambien possession charges takes skill and strategy. But with the right legal help, you can potentially avoid harsh penalties and move forward with your life. Don’t hesitate to contact a lawyer for a free case evaluation and discuss your defense options.