Law Offices of Thomas Wallin
CONTACT US
Be assured your matters will be in experienced & caring hands.
9891 Irvine Center Drive
Irvine, CA 92618
Toll Free: (888) 444-7210
Tel: (949) 679-9494
Fax: (888) 444-7211
We offer credit card processing & payment plans.
Drowsy Driving
Everyone has probably experienced driving while being drowsy. Sometimes being stuck in endless traffic can make someone become drowsy and less than alert. Although driving while drowsy may sound harmless, it is dangerous to both the drowsy driver and others, and can actually result in criminal charges and civil lawsuits. Drowsy driving laws vary from state to state, but in California, driving while drowsy is considered reckless driving. Because reckless driving is a serious charge with substantial penalties, it’s important to consult with an experienced criminal defense attorney.
Driving while drowsy is not just a problem encountered by long-haul truckers – sleepiness behind the wheel can affect anyone, and there is both an increased awareness and enforcement of laws related to driving while drowsy.
Being drowsy can have similar effects to being under the influence. Drowsy driving impairs reaction time, information processing, and the ability to pay attention while driving. Sleepiness can lead to car accidents due to impairment of the driver’s physical and mental faculties, with the ultimate impact being the inability to resist falling asleep behind the wheel.
There are no objective, measurable standards for drowsy driving, as there are for alcohol and drug intoxication. A crash typically related to sleepiness tends to have some or all of the following characteristics:
o The accident occurs during late night/ early morning or midafternoon.
o The crash is likely to be serious.
o A single vehicle leaves the roadway.
o The crash occurs on a high-speed road.
o The driver does not attempt to avoid a crash.
o The driver is alone in the vehicle.
Like food, sleep is a basic, biological need for all human beings. The loss of even one night's rest can lead to extreme short-term sleepiness where physical and mental faculties decline. When sleep is consistently reduced by only one or two hours a night, chronic drowsiness can result. Sleep is the most effective way to reduce drowsiness.
Studies indicate that there are certain factors that increase the chances for an accident that is caused by or aggravated by a drowsy driver. These include:
o Sleep loss
o Certain driving patterns, including driving between midnight and 6 a.m., driving many miles each day or each year, driving in the midafternoon hours, especially for older persons, and driving for longer times without taking a break.
o Use of sedating medications, especially prescribed hypnotics, certain antidepressants, and some antihistamines.
o Untreated or unrecognized sleep disorders, especially sleep apnea syndrome (SAS) and narcolepsy.
o Consumption of alcohol, which interacts with and adds to drowsiness.
These factors have cumulative effects, and a combination of them substantially increases crash risk.
There are three population groups who appear to have greater susceptibility to driving while drowsy. By identifying those at risk, and taking appropriate corrective measures, it is hoped that many accidents can be avoided. Studies through NHTSA, the National Highway Traffic Safety Administration, indicate that those most at risk include:
o Young people (ages 16 to 29), especially males.
o Shift workers whose sleep is disrupted by working at night or working long or irregular hours.
o People with untreated sleep apnea syndrome (SAS) and narcolepsy.
To prevent drowsy driving and its consequences, it’s important to get sufficient sleep, avoid drinking even small amounts of alcohol when sleepy, and, if possible, avoid driving between midnight and 6 a.m. Keep in mind that driving while drowsy can constitute reckless driving and that unintended consequences such as an accident or injury can occur.
Although it seems like common sense, when a driver becomes sleepy, it is critically important to stop driving – either by allowing a passenger to drive, or by stopping to get some sleep. Taking a 15 to 20 minute nap and consuming caffeine equivalent to two cups of coffee can help, but these are short-term solutions. The only truly safe course of action is to get a significant amount of sleep.
Any individual accused reckless driving, driving while drowsy, DUI, driving under the influence of drugs (DUID), or any other driving-related offense should contact a California criminal defense DUI lawyer who is well-versed in these cases.
Driving while drowsy is not just a problem encountered by long-haul truckers – sleepiness behind the wheel can affect anyone, and there is both an increased awareness and enforcement of laws related to driving while drowsy.
Being drowsy can have similar effects to being under the influence. Drowsy driving impairs reaction time, information processing, and the ability to pay attention while driving. Sleepiness can lead to car accidents due to impairment of the driver’s physical and mental faculties, with the ultimate impact being the inability to resist falling asleep behind the wheel.
There are no objective, measurable standards for drowsy driving, as there are for alcohol and drug intoxication. A crash typically related to sleepiness tends to have some or all of the following characteristics:
o The accident occurs during late night/ early morning or midafternoon.
o The crash is likely to be serious.
o A single vehicle leaves the roadway.
o The crash occurs on a high-speed road.
o The driver does not attempt to avoid a crash.
o The driver is alone in the vehicle.
Like food, sleep is a basic, biological need for all human beings. The loss of even one night's rest can lead to extreme short-term sleepiness where physical and mental faculties decline. When sleep is consistently reduced by only one or two hours a night, chronic drowsiness can result. Sleep is the most effective way to reduce drowsiness.
Studies indicate that there are certain factors that increase the chances for an accident that is caused by or aggravated by a drowsy driver. These include:
o Sleep loss
o Certain driving patterns, including driving between midnight and 6 a.m., driving many miles each day or each year, driving in the midafternoon hours, especially for older persons, and driving for longer times without taking a break.
o Use of sedating medications, especially prescribed hypnotics, certain antidepressants, and some antihistamines.
o Untreated or unrecognized sleep disorders, especially sleep apnea syndrome (SAS) and narcolepsy.
o Consumption of alcohol, which interacts with and adds to drowsiness.
These factors have cumulative effects, and a combination of them substantially increases crash risk.
There are three population groups who appear to have greater susceptibility to driving while drowsy. By identifying those at risk, and taking appropriate corrective measures, it is hoped that many accidents can be avoided. Studies through NHTSA, the National Highway Traffic Safety Administration, indicate that those most at risk include:
o Young people (ages 16 to 29), especially males.
o Shift workers whose sleep is disrupted by working at night or working long or irregular hours.
o People with untreated sleep apnea syndrome (SAS) and narcolepsy.
To prevent drowsy driving and its consequences, it’s important to get sufficient sleep, avoid drinking even small amounts of alcohol when sleepy, and, if possible, avoid driving between midnight and 6 a.m. Keep in mind that driving while drowsy can constitute reckless driving and that unintended consequences such as an accident or injury can occur.
Although it seems like common sense, when a driver becomes sleepy, it is critically important to stop driving – either by allowing a passenger to drive, or by stopping to get some sleep. Taking a 15 to 20 minute nap and consuming caffeine equivalent to two cups of coffee can help, but these are short-term solutions. The only truly safe course of action is to get a significant amount of sleep.
Any individual accused reckless driving, driving while drowsy, DUI, driving under the influence of drugs (DUID), or any other driving-related offense should contact a California criminal defense DUI lawyer who is well-versed in these cases.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
Learn More
