Can an Overly Tired Driver Be Charged with DUI in Maryland?

 Posted on February 21, 2025 in DUI / DWI

Drowsy driving has become one of the primary causes of automobile accidents across the United States. While it is difficult to put a precise number on drowsy-driving crashes, the NHTSA estimates that about 91,000 crashes per year involve drowsy driving. While overly fatigued driving is certainly a problem, it can also result in drivers who have not been drinking alcohol being charged with DUI.

After being awake for 18 hours straight, the effects on reaction time, vigilance, hand-eye coordination, and multi-tasking are comparable to having a BAC of 0.05 percent. After being awake for 20 hours, a driver has the same level of impairment as a person who has a BAC of 0.08 percent (the legal limit in almost every state). So, while drowsy driving can be as dangerous as driving under the influence of alcohol or drugs, it is not illegal to drive while overly fatigued.

But what if a police officer misinterprets a fatigued driver’s responses as being impaired by drugs or alcohol and charges the driver with a DUI? What would you do if you were charged with DUI when you were not drinking? In a situation like this, it is extremely important that you speak to a Northern Baltimore County, MD criminal defense attorney who will aggressively defend your charges.

Why Drowsy Driving May Look Like Drunk Driving

When a police officer is looking for drunk drivers, they generally look for any traffic violation that will justify stopping a driver. A drunk driver may be driving exceedingly slow or way too fast, swerving for no reason, weaving across lane lines, following another car too closely, driving at night without headlights, or turning without using a signal.

An overly drowsy driver may exhibit many of the same driving behaviors and, when stopped, may perform poorly on a roadside field test. Blurry vision, red, tired eyes, difficulty concentrating, slow reflexes, and poor cognitive functions are the hallmarks of a drunk driver – and a sleepy driver. If a fatigued driver had one beer, all of these symptoms are likely to be much worse.

A fatigued or sleepy driver is unlikely to perform well on a field sobriety test, which could result in an arrest for DUI. In the state of Maryland, a person with a BAC of less than 0.08 percent who exhibits signs of impairment – which could come from drowsy driving or alcohol consumption – could be charged with DWI instead of DUI.  

DUI vs. DWI in Maryland

Although the penalties for a first-time DWI conviction are not as harsh as those for a first-time DUI conviction, they are still very serious. A first-offense DWI conviction can result in up to 60 days in jail, up to $500 in fines, eight points on the person’s driver's license, and a license suspension that can last up to six months. A first-offense DUI conviction can result in up to one year in jail, up to $1,000 in fines, 12 points on the person’s driver’s license, and a driver’s license suspension of up to six months.

Defenses for Charges of DUI and DWI

If a driver is charged with DUI or DWI because his or her symptoms of fatigue mimicked those of alcohol impairment, a highly skilled DUI attorney who will present a solid defense is necessary. Some of the most common defenses to DUI and DWI include:

• The driver appeared impaired because of a lack of sleep.
• The driver appeared impaired due to a medical condition or prescribed drug.
• There was no probable cause for the officer to pull the driver over.
• There were issues associated with the field sobriety testing.
• The breathalyzer test results are unreliable.
• The driver’s constitutional rights were violated.

Contact a Harford County, MD DUI Lawyer

If you were charged with DUI or DWI, and you believe your symptoms were due to drowsy driving or another issue, you must contact a Northern Baltimore County, MD DUI attorney from Baltimore Legal Services as quickly as possible. Our firm has helped more than 10,000 clients get their lives back on track. We are available 24/7 for your convenience. For a free consultation, call 858-523-8423.