817.860.5000 DWI Charges Dropped in Ambien 'Sleep Driving' Case

DWI Charges Dropped in Ambien 'Sleep Driving' Case

DWI charges dropped in Ambien 'sleep driving' case
06:54 PM CDT on Monday, March 19, 2007
y JANET ST. JAMES / WFAA-TV

FORT WORTH - A North Texas woman who said she was "sleep driving" while on Ambien won a victory after going to court Monday to argue the drug's intoxication effects led to a crash she was involved in nearly two and a half years ago.

Like nearly 26 million other Americans, Phyllis Graham was prescribed the drug Ambien. And the night Graham crashed her husband's truck into her neighbor's home, she said that was just the drug she was under the influence.

Graham said she woke up the following morning of the crash in a jail cell with no memory of the incident and discovered she had been charged with a DWI.

"I did not know I did this," she said. "I was not aware of anything."

After her long battle, prosecutors dropped the charges Monday. Graham pled no contest to obstructing a highway, which is a plea that carries a limited probation.

While the decision ended Graham's fight, her attorney, Wes Ball, cautioned others about using the "Ambien defense."

"This is not an open season to take Ambien and decide to drive around in your car, or to take Ambien and chase it down with a beer," he said.

But for the first time since being charged with a crime she can't remember, Graham left the courthouse saying she might actually rest easy.

"It feels like a burden has been lifted off my family; and that I can, I'll be able to sleep tonight," she said.

E-mail jstjames@wfaa.com