Ambien is a benzodiazepine-like drug (ie, Xanax) which is used as a sleeping pill. It induces a rapid descent into sleep. One of its classic side effects is anterograde amnesia. After taking the pill, the person may be awake and functional for some time before falling asleep, but they may have no recollection of that time afterwards. More importantly, after falling asleep, people get up, sleep walk, sleep cook, sleep drive, and even sleep-sex. People may

conduct a late-night phone conference for work after taking Ambien, appearing fully functional, but have no memory of the phone call. Ambien, like benzodiazepines, has sedative properties in addition to inducing sleep. Sleep driving after Ambien use is a phenomenon related to this sedation. People are not fully alert while driving after consuming Ambien, resulting in DWIs, crashes, and even death. If the person is not aware of sleep driving as a possible side effect of Ambien, this would constitute involuntary intoxication.

BESIDES SLEEP DRIVING OFFENSES, THERE ARE ALSO REPORTS AND CASES INVOLVING SLEEP-SEXING, THAT IS, AN APPARENTLY AWAKE PERSON WHO INVOLVES IN SEXUAL ACTIVITY WITHOUT ANY CONSCIOUS CHOICE AND APPARENTLY NO MEMORY OF THE ACTIVITY WHEN THE AMBIEN WEARS OFF. THE MANUFACTURER’S PACKAGE INSERT PROVIDES THE FOLLOWING WARNING:

“Sleep-driving” and other complex behaviors while not fully awake. Risk increases with dose and use with other CNS depressants and alcohol. Immediately evaluate any new onset behavioral changes.