Can you get a DUI for driving tired? No, you shouldn’t be charged with a DUI but may still receive a charge for negligence. Driving under either condition may produce the same erratic driving, leading police officers to enforce a routine stop.
While falling asleep at the wheel isn’t grounds to legally cause a DUI arrest, you may be asked to provide testing to rule out drunk driving. If you have been stopped for fatigued driving, a Los Angeles DUI lawyer may be able to help protect your rights and avoid potential DUI charges.
Before connecting for free legal advice, learn more about the legal implications of driving while fatigued and the potential consequences that may be similar to a DUI in California.
Can Driving While Fatigued Lead to a DUI in California?
In California, driving while fatigued is not considered a DUI offense. However, if your fatigue impairs your driving ability to the point where you are unable to operate a vehicle safely, you can still be arrested. It may benefit you to have a Los Angeles traffic violation lawyer on your side to help prove reckless driving and avoid DUI penalties.
The only way that you can be charged with a DUI while driving fatigued is if you are on medication that causes drowsiness. This is because driving under the influence (DUI) laws in California encompass more than just alcohol but also drugs. Any substance or condition that impairs your ability to drive safely, including fatigue from medication, can result in a DUI.
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How Does California Penalize Fatigued Drivers?
Although you can’t get a DUI for driving tired, fatigued driving can have significant legal ramifications in California. Though there is no specific law prohibiting drowsy driving, drivers who exhibit dangerous behavior on the road may face criminal or civil liability.
If a driver is observed driving erratically or recklessly due to fatigue, they can be charged with reckless driving under California Vehicle Code Section 23103. This is a misdemeanor offense that can result in up to 90 days in jail for those convicted.
Additionally, if a drowsy driver is involved in a fatal accident, their state of exhaustion may be a factor considered by investigators and prosecutors when determining whether to file criminal charges, potentially including vehicular manslaughter under Penal Code Section 192(c).
What Are the Legal Consequences of a Drowsy Driving DUI in CA?
If you are charged with a DUI for driving tired in California from a drowsy-inducing medication, the legal consequences can be severe. According to the National Highway Traffic Safety Administration (NHTSA), over 30 fatalities occur daily due to DUI crashes, so the penalties for a DUI conviction often include harsh punishments to deter such preventable accidents.
A charge for DUI fatigued driving can result in:
- Fines
- License suspension
- Mandatory DUI education programs
- Probation
- Jail time
How Does California Determine if Fatigue Impaired My Driving Ability?
Determining whether fatigue or substances impaired your driving is easy. Typically, observations made by the arresting officer, such as erratic driving behavior, slow reaction times, or signs of drowsiness, are used. Any statements you made at the time of the arrest, and the results of field sobriety tests or chemical tests, may also be utilized.
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What Defenses Can I Use if Accused of a DUI Due to Driver Fatigue in California?
If you are accused of a DUI due to driver fatigue in California, there are several defenses that you can potentially use. These may include:
- Lack of Proof: The prosecution must prove beyond a reasonable doubt that your fatigue impaired your driving ability. If there is insufficient evidence to support this claim, you may be able to challenge the charges.
- Medical Conditions: Certain medical conditions or medications can cause excessive fatigue, which may be mistaken for impairment. If you have a valid medical condition or were taking prescribed medication, it may be a valid defense.
- Improper Police Procedure: If the arresting officer did not follow proper procedure during the traffic stop or arrest, it may be possible to challenge the legality of the DUI charges.
What Should I Do if I’m Arrested for a Drowsy Driving DUI in California?
- Do not make any statements to the police without your attorney present. Invoke your right to remain silent and request to speak with a lawyer.
- Cooperate with any field sobriety or chemical tests, as refusing these can lead to additional charges.
- Gather any evidence or documentation that may support your claim that fatigue, rather than intoxication, was the cause of your impaired driving.
- Work closely with an experienced traffic violations lawyer in Los Angeles to build the strongest possible case and explore options for avoiding a DUI for driving while tired in California.
The Simmrin Law Group can help protect your rights and work to mitigate the potential consequences you may be facing regardless of whether you are driving while fatigued or driving under the influence of drowsy-inducing medication. Contact us today.
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