Mathson

*1301 Opinion

Defendant was convicted of driving under the influence of drugs. (Veh. Code, § 23152, subd. (a).) 1 He admitted an allegation that he had three or more prior driving-under-the-influence-related convictions within 10 years. (§ 23550.) Defendant was also convicted of driving while his license was suspended or revoked (§ 14601.5) and driving a vehicle that was not equipped with an ignition interlock device (§ 23247, subd. (e)).

Defendant took prescription Ambien while at home and fell asleep. He asserted that he was not criminally liable because he was sleep driving and, therefore, unconscious during the incident.

On appeal, defendant contends that the trial court’s modified CALCRIM instructions to the jury on unconsciousness, voluntary intoxication, and involuntary intoxication were erroneous. Defendant also contends that the condition of probation imposed by the trial court that prohibits him from driving or having access to a vehicle or keys to a vehicle while he is taking Ambien violates his constitutional rights to travel, free association and privacy.

In the published portion of this opinion, we conclude that, except for the instruction on unconsciousness, the…