CALIFORNIA CRIMINAL LAWYERS

Driving Under the Influence vs. Drowsy Driving

Drowsy Driving vs. Driving Under the Influence: What You Need to Know

Introduction

Drowsy driving and driving under the influence are both dangerous and can lead to serious consequences. While they may share similar symptoms and driving behaviors, there are important differences between the two. In this article, we’ll explore the similarities and differences and what you need to know about each.

Drowsy Driving

Drowsy drivers can exhibit many of the same behaviors as those who are driving under the influence of drugs or alcohol. They may drift out of their lane, weave, run stop signs, and run red lights. They also experience physical symptoms such as bloodshot eyes, difficulty walking a straight line, and sometimes slurred speech. However, unlike driving under the influence, there is no statute that prohibits a person from driving while drowsy.

Risks of Drowsy Driving

Drowsy driving can cause dangerous conditions on the roadways. Any person who is sleepy and operating a motor vehicle can be charged with reckless driving, which is a misdemeanor level offense carrying a sentence of 90 days in jail under California Section Code 23103 VC. If a drowsy driver is involved in a fatal accident, there may be criminal charges filed depending on the situation. Vehicular manslaughter, as described in California Penal Section Code 192(c) PC, may be an option for those who take a life while driving drowsy. As a “wobbler” offense, it can be charged as either a misdemeanor or a felony. Civil liabilities may also apply for any damages incurred during a traffic accident.

Differences from Driving Under the Influence

The main difference between drowsy driving and driving under the influence is that someone who is drowsy is not committing a crime, like someone who is driving under the influence of drugs or alcohol. Driving while drowsy usually does not involve any criminal charges, but the risk of being charged with reckless driving is high. Driving under the influence, on the other hand, is a criminal offense punishable by jail or prison time, as well as a driver’s license suspension.

Driving Under the Influence

Driving under the influence of drugs or alcohol is a serious criminal offense in Los Angeles. Those found guilty can face jail and prison time, as well as a driver’s license suspension. For first-time offenders, the DUI is classified as a misdemeanor that carries a sentence of up to 90 days in jail if convicted. However, for those with four or more DUI offenses in a 10-year period, a felony charge could lead to a sentence of up to three years behind bars.

Testing for Impairment

Testing to see if a person is driving under the influence is expected during a traffic stop for suspicion. If the driver refuses the tests, their driver’s license will be automatically suspended for a year, and they will be ineligible for a restricted license during this period.

Similarities to Drowsy Driving

Impaired driving and drowsy driving have some parallels. Both types of drivers may exhibit similar conduct, such as weaving, running stop signs, crossing into other lanes of traffic, running red lights, and causing car accidents. They also share many of the same physical symptoms, such as bloodshot eyes, difficulty walking a straight line, and slurred speech. Without a test, an officer may easily mistake a drowsy driver for an impaired one. That is why it’s essential to work with a Los Angeles DUI attorney who can help show that your poor performance on a field sobriety test was the result of being tired and confused rather than under the influence of drugs or alcohol.

Get Legal Help Today

If you have been arrested for a DUI offense when you were not impaired, you need the help of a Los Angeles DUI attorney. A strong legal defense is crucial when your driver’s license and jail time are on the line. Working with an attorney who is well-versed in this area can make all the difference. Mistakes can happen, and driving drowsy doesn’t hold the criminal charges that driving under the influence does. For more information regarding driving under the influence and drowsy driving, call to schedule a consultation today!