Jackie Warner has been charged with assaulting a cop and DUI, but her lawyer says Jackie was "driving unconscious" so the charges are bogus.

We've learned the former Bravo star has been charged with felony assault on a police officer, misdemeanor DUI and misdemeanor hit and run.

The hit and run is based on Jackie clipping a cop car and then leaving the scene.

Cops tell us Jackie blew a .08 at the time of the incident. She says she had one martini earlier in the day and that's it.

Jackie has said she had taken an Ambien at home and the next thing she knew she was in the hospital under arrest. When she crashed her car she wasn't wearing pants.

Her lawyer, Shawn Holley, tells TMZ, "We have letters and reports from Jackie's doctors which prove a long history of insomnia and which strongly support our contention that Jackie was driving unconscious after taking Ambien, which had been prescribed to her."

Holley goes on, "I reached out to the D.A.'s Office weeks ago and was assured that deputies would review our reports before filing charges. We are extremely disappointed that the D.A.'s Office filed these charges without reviewing our evidence, as promised."

BUSTED!
TMZ.com