Understanding DUI Criminal Defense: The Significance of Tired Driving

Driving under the influence (DUI) under Maryland’s Transportation article 21-902(a) is a criminal offense that carries serious consequences in Maryland, including up to a $1000 fine and 1 year incarceration. DUI as operating a vehicle while impaired by alcohol or drugs and is a clear crime in Maryland. Driving while fatigued or tired is not a crime (even if it is a poor decision and could put lives at risk).

The Overlap of Symptoms: Fatigue vs. Intoxication

One of the most troubling aspects of DUI cases is the overlap between the symptoms of intoxication and those caused by fatigue. Both conditions can lead to behaviors such as swerving, poor coordination, lethargy, and slow speech. Many times law enforcement officers often fail to distinguish between a driver who is impaired by alcohol and one who is simply tired. This ambiguity can lead to falsely charged DUI cases.

Why Is Tired Driving Significant?

The failure of officers to believe people who say they’re tired when they exhibit signs of fatigue (which are also signs of intoxication) leads officers to either overcharge or falsely charge people with DUI. Fatigue is a real problem, and can be dangerous, but simply isn’t a crime.

Causes of Fatigue

Fatigue can arise from various sources, including:

Medical Conditions: Disorders such as sleep apnea can disrupt normal sleep patterns and cause excessive daytime sleepiness.
Lack of Sleep: Chronic sleep deprivation increasingly affects drivers, leading to diminished alertness and slower reaction times.
Long Working Hours: Employees may face long shifts, leading to exhaustion that impairs their ability to drive safely.
Stress: Mental fatigue caused by stress can hinder cognitive functions and decision-making skills while driving.

Understanding the underlying causes of fatigue is crucial for effective DUI criminal defense. In cases where a driver shows signs of impairment but is not under the influence of alcohol, an attorney may need to explore these factors to argue for reduced liability. This often involves reviewing medical records and retaining an expert witness to help introduce evidence of fatigue.

Legal Implications and Defense Strategies

Given the complexities surrounding tired driving, a robust DUI defense may involve demonstrating that fatigue—not alcohol—was the primary cause of the driving behavior in question. Strategies might include:

Medical Evidence: Presenting documentation related to conditions like sleep apnea or medical evaluations that highlight the driver’s fatigue levels
Witness Testimony: Gathering statements from individuals who can attest to the individual’s usual sleep patterns or work schedules
Traffic Stop Analysis: Analyzing the details of the traffic stop for potential errors made by law enforcement in their evaluation of the driver’s condition

Practical Defense

I recently had a case where my client was charged with a DUI involving a single-car accident while he was on the way to work. He smelled moderately of alcohol but was also taking prescription medications and had been awake for about 17 hours at the time of the crash. Understanding his fatigue and how it combined with his prescription medication allowed us to present a defense that ultimately led to a significantly reduced plea to only moving violations and no probation.

Contact an Aggressive DUI Defense Attorney

By understanding the nuances of tired driving, effective DUI criminal defense can be pursued, aiming for just outcomes based on the true circumstances of each case.

If you have questions or need representation for a DUI or believe you have been falsely arrested for a DUI, contact Kurt E. Nachtman and the Silverman Thompson DUI defense team at kurt@silvermanthompson.com or 800-385-2243.