Manchester and Associates

Pennsylvania Criminal & DUI Defense

Legal Blog

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Is it illegal to drive while on Ambien or another sleeping pill in Pennsylvania?

The answer is: yes, if they impair you. Pennsylvania punishes drug-based DUI offenses the harshest. It does not matter if it is a sleeping pill. Common sleeping medications are Ambien, Lunesta, and Sonata. If you take these, be very careful.


Ambien is a particular nasty sleeping medication that can lead to a condition called somnambulism. Somnambulism is another word for sleepwalking or doing other things while in a sleep state. One of which is sleep driving. That is never a good thing. I have represented clients who have taken Ambien and the next thing they remember is being in a police station after hitting a telephone pole and they do not remember hitting the pole.


Sleeping pill induces drowsiness. It is another drug in the benzodiazepine family. It works by slowing activity in the brain and nervous system. Ambien is used to treat insomnia and sleeping problems.


Sleeping pills like Ambien can have after-effects on people after they wake up. Like a hangover, these can leave people feeling drowsy and lethargic. Sleeping pills in combination with alcohol are a very nasty combination.


I tell my clients and friends that if they take Ambien to have their doctor prescribe something else. Also never mix alcohol with sleeping pills.

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Can taking Xanax lead to a DUI in Pennsylvania?

Yes. People taking Xanax can be pulled over and charged for drugged driving.

Xanax is a brand name of Alprazolam. It is a sedative, from a family of anti-anxiety medications called benzodiazepines. These drugs work by depressing the central nervous system. They make people feel relaxed and calm. They are used as a short-term treatment for anxiety and insomnia (See Medline Plus for further information)


Similar drugs include:

  • Librium
  • Doral
  • Valium
  • Ativan


Taking Xanax and then driving can leave drivers too calm – it can impair a driver’s ability to operate a vehicle safely. Drivers may be too sedated to notice hazards and react to them appropriately.

If you are taking Xanax, you should consider very carefully whether you are able to drive safely before deciding to do so; if you consumed alcohol with Xanax then definitely do not drive. Xanax is a benzodiazepine. It is well known to the scientific community, police, and prosecutors that benzodiazepines enhance the effects of alcohol. In Pennsylvania drug and drug and alcohol combined DUI charges result in punishment in the highest tier.


If you find yourself pulled over for whatever reason, do not tell the police officer you took Xanax . Even if taken in for a blood test. Most people do not know that unless a police officer specifically requests that their blood be tested for Xanax , that it will not be found. The reason for that is the blood must be put into a gas chromatograph specifically set up to test for benzodiazepines. If a police officer only suspects alcohol the lab won’t look for Xanax . Therefore, even if it is present in a driver’s blood it won’t be found and that can possibly avoid enhanced DUI penalties based on the presence of drugs.

When pulled over by a police officer, silence is always golden.

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How Adderall can lead to a DUI charge in PA

Adderall is a stimulant designed primarily to treat ADHD and other attention disorders. Adderall is a combination of the drugs dextroamphetamine and amphetamine. These drugs work to keep someone focused and attentive. Adderall is used to treat ADHD and other attention disorders. Amphetamines are DEA Schedule II (Two) drugs.

Drugs similar to Adderall are:

  • Ritalin
  • Focalin
  • Adzenys
  • Vyvanse


These drugs work by stimulating the central nervous system. As the stimulation begins to fade around six hours on average, it can leave the person taking Adderall feeling tired. It is this tiredness that can lead to poor driving. So people who are on the downside of the pharmacological effects of Adderall can become tired and that is when they get pulled over. It is not the drug causing the poor driving. However, that is not what the police or prosecutors believe.


The best thing you can do if you take Adderall or any other medication for ADHD or other attention related illnesses is TO NOT tell a police officer you take it. You do not have to answer an officer if they ask you if you take any medication because the Fifth Amendment to the constitution says so.

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Five Common prescription drugs that lead to DUI charges in Pennsylvania

Most drivers think that having a prescription for their medication protect them from DUI charges. That is not correct and can get a driver in trouble.

Pennsylvania DUI statutes make it illegal to drive while impaired by a drug or combination of drugs. The word ‘drug’ in the statute is not limited to illegal drugs or even DEA scheduled drugs.

Here are the common prescription drugs that can lead to being charged with a DUI:

  1. Adderall
  2. Xanex
  3. Ambien
  4. Vicodin
  5. Clarinex

Here is how a typical traffic stop can turn into a nightmare for a driver taking their prescription medication:

The driver is going down the street. Maybe they swerve a little. Fail to use a traffic signal, or one of their lights are not working. The police officer then pulls them over. The police officer either notices a prescription bottle or asks the driver if they are taking any medication. The driver, not knowing what these questions are designed to do, honestly tells the police officer they are taking their prescription medication. At this point it becomes a DUI stop.

The officer then asks the driver out of the car. Gives field sobriety tests. They May even calls in a drug DUI specialist that are called Drug Recognition Expert. and just like that, DUI charges are filed!

Generally, police officers do not consider that the person they are giving physical tests to is suffering from illness or injury. The biggest reason they do not is that the field sobriety tests that they are given have ABSOLUTELY NO leeway for people with physical injuries or illness. These tests have certain clues. If a clue is seen, it is scored. It does not matter if the physical disability, illness, or actual impairment cause the clue to be seen. If it is there it is scored. This is not an exercise where you want any points, let alone a lot of points.

I often see police camera video of field sobriety tests where the officer tells my client that they will take their physical disability into account in the tests. That is a total lie. The tests they give do not have any room for error because of physical disabilities, disease, or mental impairment from past brain injuries. I once had a DUI case where the police officer let my client do a field sobriety test with his cane. Talk about setting a person up for failure.

Here is a common trick that the police like to use. Once the driver tells the police officer about their physical disability or illness the officer then asks the driver if they feel they can do the test. Most drivers say yes and give the test a try. They have no clue what they are agreeing to. They often believe their disability will be considered. They are not. I have gone to the same exact training as the police officers get. Police officers are trained to know that physical problems can interfere with the tests and give false results and they must score a clue if it is found. But they never tell drivers this.

There are many possilble defenses to prescription medication DUI cases. People take medication because they are ill or injured. People who are ill or injured are most often worse off without their medication. However, police officers will charge a person with a DUI nonetheless, and then let the lawyers sort it out. Be aware of this.

If you take a prescription medication do not tell this to a police officer if asked. You have the right to remain silent. Do it. If you carry your prescription medication in your car do not put it in a place that can be seen or with your registration and insurance. Furthermore, if asked to step out of your vehicle and asked to take the field sobriety test, tell the officer because of your injury or illness you decline to take the test because of your injury. Do not let the officer intimidate you into doing it. Even if they threaten you with arrest, do not do it.

If the police officer is going to arrest you, then they are going to arrest you.

Do not give police evidence they can twist and use against you. Your defense lawyer and your freedom will thank you for it later.

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Extradition and Pennsylvania

People freely cross state lines in the United States. When someone is wanted by law enforcement authorities across state lines, an arrest warrant is often issued. When a person in Pennsylvania is arrested and detained on behalf of another state, the process is called extradition. It is important for individuals and families to understand this often daunting and potentially confusing process.

An individual may find themselves arrested in Pennsylvania as a “fugitive from justice,” a term for someone who is wanted by a court and has not been properly before a judge. Two Federal laws control how extradition from one state to another: The Federal Fugitive Act, 18 U.S.C.A. § 3182; and the Uniform Criminal Extradition Act, 42 Pa.C.S.A. § 9121 et. seq.

What Happens When Someone Is Arrested?

When an individual is arrested as a fugitive from justice, there are specific rules that must be followed by Pennsylvania and the demanding state. The outcome is that the fugitive is either extradited to the demanding state, or released from Pennsylvania custody.

After an individual is arrested on behalf of another state, Pennsylvania will notify the demanding state. The demanding state may request that Pennsylvania hold that individual and make arrangements to send the person to the other state. This is called a “detainer” and we refer to it as being “lodged” against the individual.

Under the Uniform Criminal Extradition Act, all arrests are treated the same. It does not matter if the arrest is for a criminal prosecution (when a person is facing new criminal charges) or based on a probation or parole violation (when a person is wanted for violating supervision from a prior criminal charge).

The Extradition Process in Pennsylvania

After an individual is retained on a fugitive warrant, the law requires that they be brought in front of a judge as soon as possible. There is then a hearing to tell the individual what they are charged with, to determine if the person arrested is actually the person charged, and to set bail if appropriate. In Pennsylvania, individuals are entitled to bail for all cases except those punishable by life in prison or death.

A “Governor’s Warrant” will then be requested by the demanding state. Pennsylvania’s governor then issues a governor’s warrant. This grants the court in Pennsylvania the authority to decide whether to extradite the individual.

The governor’s warrant must arrive within 30 days of the fugitive’s arrest. If it does not, the individual can be detained for a further 60 days. These time periods start when the individual is arrested in Pennsylvania. Individuals should also be aware that the lodging of a detainer is treated as a separate arrest from the initial arrest under the Uniform Criminal Extradition Act.

After the governor’s warrant is issued, the court will schedule a hearing. At that time, the judge must inform the fugitive from justice of the accusations against them, the demand for their return to the demanding state, and the individual’s right to test the legality of the arrest. Many individuals waive these rights and consent to their return to the demanding state.

Fighting an extradition request is a difficult process. An experienced criminal defense attorney will challenge whether the individual was arrested legally; will challenge the validity of the demand from the requesting state; and will challenge whether a crime occurred in the first place. The District Attorney as the prosecutor for the Commonwealth of Pennsylvania must prove to a prima facie level that all of the requirements for an extradition have been met. Prima facie proof means that the alleged fact is more likely to be true than not.

If you or a loved one is facing possible extradition in Pennsylvania, contact Manchester and Associates today.

About Us

Manchester and Associates is a law firm dedicated to criminal defense that operates throughout the Commonwealth of Pennsylvania since 1978.  5-star ratings prove what our firm is all about:  making sure that the best possible outcome for our clients is achieved. We use a teamwork approach in all our major cases and one of our team members is a former District Attorney. This gives us an advantage of reviewing your case from both the prosecution and defense side. Our lawyers have handled multiple simple assault cases across the state of Pennsylvania. Let our collective trial experience earned over several decades aid your defense.

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Not Very Neighborly: Simple Assault Charges filed in Centre County

Last month a Bellefonte man was charged with simple assault. It stemmed from a fight with his neighbor. 

Most neighbors resolve their disputes peacefully. As a Bellefonte man found out last month when he was charged with simple assault after a fight with his neighbor, when violence between neighbors does break out, criminal charges often follow.

Simple assault is one of the most commonly charged offenses in Pennsylvania because so many things can be considered assaults.

In Pennsylvania, the Crimes Code at  18 PA C.S.A. 2701 says simple assault is an intentional attempt to cause another person bodily harm. You can also be charged with simple assault for causing someone harm through negligence (such as accidentally stabbing someone with a knife) as well as using a deadly weapon negligently.

Simple assault does not require an injury. If one person attempts to hurt another, such as by throwing a punch that misses, a simple assault has occurred.

Although the name implied this is a basic crime, there is nothing “simple” about simple assault. The penalties for these crimes are very serious.  Although it is always a misdemeanor in Pennsylvania, there are multiple degrees of simple assault, which carry increasingly serious possible penalties. They are as follows:

  • Third Degree Assault – up to one year in jail and a $2,500 fine
  • Second Degree Simple Assault – up to two years in jail and a $5,000 fine
  • First Degree Misdemeanor – up to five years in jail and a $10,000 fine.  If the offender is over 21 years old and the victim is under 12 years old, charges usually default to first degree simple assault.

A simple assault charge goes on your permanent criminal record. You will need an experienced and skilled attorney if you are charged with these crimes.  Manchester and Associates has had many favorable verdicts when it comes to simple assault and we can help.

About Us

Manchester and Associates is a law firm dedicated to criminal defense that operates throughout the Commonwealth of Pennsylvania since 1978.  5-star ratings prove what our firm is all about:  making sure that the best possible outcome for our clients is achieved. We use a teamwork approach in all our major cases and one of our team members is a former District Attorney. This gives us an advantage of reviewing your case from both the prosecution and defense side. Our lawyers have handled multiple simple assault cases across the state of Pennsylvania. Let our collective trial experience earned over several decades aid your defense.

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DO NOT TALK TO THE POLICE. NO MATTER WHAT.

From the desk of Brian Manchester, Esq:

Upon first meeting with a client and hearing their story, the first question I ask is “have spoken to the police?” If they tell me that they have, I then ask “have you told the police what you told me? Often enough, the answer to both of these questions is yes.

When I hear a yes to either or both of those questions, I cringe. Why? Because talking to the police gives control of my client’s story to the police. They may have heard something wrong. They may have written a note about what my client said that was incorrect. They may misperceive what my clint said – or, in rare cases, outright lie about it. 

Our founding fathers were very smart. They created the Fifth Amendment to the constitution for a reason. Please follow it.

When my clients remain silent, we then control the narrative. We get to control what we say, when and to whom. We can decide to say nothing at all. It gives my clients and me the power to investigate leads, gather evidence, and talk to experts first before the police talk to them. There is EVERY advantage to remaining silent and NO DISADVANTAGES to it.

Client’s often ask me something like this: “Well if I don’t talk to them. They will think I am guilty!” The police are speaking to you because they suspect or believe that you might have done something illegal. Police are not bored. They don’t go around talking to random people about crimes. If an officer suspects you then they want to talk to you. DO NOT do it. Do not give them an advantage. You can’t talk your way out of anything. Being questioned by an officer is a stressful thing. Think back to times in your life when you were stressed. Do you express yourself clearly when you are stressed? Do you get all of the details right when you are stressed? Do you stutter or trip over your words when you are stressed? These are all things that you do not want to do when you speak to police officers.

Once I represented a man charged with murder and the prosecutor wanted the death penalty. The police never could have charged my client without him giving a statement to them. Fortunately, I was able to have the death penalty thrown out before trial and at trial he was convicted of third rather than first-degree murder. My client talking to the police almost cost him his life. Do not do it. Also do not lie and try to talk yourself out of something. That just makes it worse and if you have not done anything, it makes you look guilty and makes the defense of your case extremely hard.

          There are many reasons why remaining silent is the only way to go. I could go on for pages. However, in all my years of practice, I have never found a better explanation than that offered by the video below. This is a lecture given by James Duane, a professor from Regent University School of Law. Please watch the whole thing:. It may be the best and most helpful video you have ever watched.

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HOMICIDE BY VEHICLE WHILE DUI

CHARGES FILED IN MCKEAN COUNTY

An Olean, NY woman was charged with Homicide by Vehicle while DUI and related charges following a vehicle accident that occurred in January of 2021 in Ceres Township, McKean County. Among the charges filed was possession of marijuana.

The news report said that the woman charged was taken to a hospital in Olean, NY after the accident. That is a significant fact in this case. It is significant because her blood was likely drawn at that hospital. NY does not have the same laws that Pennsylvania has relating to the drawing of a blood test for legal purposes. Furthermore, hospital blood tests generally use an enzymatic method that does not comply with forensic standards. If marijuana was found in her blood or urine and the testing was done at the hospital, then under Pennsylvania law, the test results will not be admissible.

The reason urine test results are not admissible is because in 2016 urine was eliminated as a matrix that could be tested when Section 1547 was amended by the Pennsylvania. Furthermore, even if blood was tested, hospitals are not approved for testing for drugs. Only forensic labs, and only forensic labs certified by the Department of Health, can test for drugs and have their results be accepted in Pennsylvania Courts as evidence. The blood test that is used to find alcohol is also fraught with issues.

Several years ago, this firm handled a DUI in McKean County where our client was taken to a hospital in Buffalo and his blood was drawn there. The blood was eventually shipped from the hospital to a Pennsylvania State Police Lab for testing. We found that the blood tubes were not forensic tubes and they had no preservatives in them. That and there were chain of custody issues and other problems with the testing in that case. The blood alcohol content was alleged to be over .28. Because of the issues in the testing my team and I found, the case settled very favorably with our client getting to keep his driver’s license and his salesman job.

One of the most powerful pieces of evidence in a Homicide by Vehicle While DUI case is the blood test. Every aspect of the test should be investigated and attacked if feasible. Just because the government says they have a test results showing alcohol, drugs, or both, does not mean the test results gets admitted or is as good as they say.

About Us

Manchester and Associates is a law firm dedicated to criminal defense that operates throughout the Commonwealth of Pennsylvania since 1978.  Our 5-star ratings prove what our firm is all about:  making sure that the best possible outcome for our clients is achieved. Our team is comprised of lawyers who are specifically trained as to how blood is tested and the defenses to those tests. One of our team members is a member of the American Chemical Society and is a Certified Lawyer-Scientist through them. He is also a national lecturer on blood and drug testing. We are the law firm that teaches other lawyers how to properly defend DUI and Homicide by Vehicle While DUI cases. If you find yourself charged with Homicide by Vehicle While DUI and related charges, please call our team right away for a free consultation.