Fox29 WFLX TV, West Palm Beach, Florida-Deputy cleared of DUI; relied on 'sleep driving' defense

At trial this week in West Palm Beach, Grube's lawyer admitted his client was impaired. "The video was awful, awful," exclaimed attorney Grey Tesh, talking about the case Thursday. "I handle a lot DUI cases. This is one of the most impaired cases I've ever seen."

While Tesh admitted his client had a couple drinks a couple hours before the crash, he said Grube was impaired by the sleep drug Ambien. Tesh said the deputy took the Ambien by mistake, believing it was a different prescription medication. An expert testified during the trial about the effects of Ambien.

"All the literature talks about 'sleep driving, sleep walking,'" said Tesh. "There's documented cases."

Jurors apparently bought the argument and acquitted Deputy Grube.

Grube's cause was aided by the fact in Florida, Ambien is not classified as a controlled substance. Even before this week's trial, the prosecutor on the case, Elizabeth Parker, was already working to change the law.

Tesh said even if Ambien were a controlled substance, the real issue is Grube took the sleep drug by accident.

A Sheriff's Office spokeswoman says Deputy Grube is still on paid leave, pending the conclusion of the department's internal affairs investigation.