Posted by duijim in on November 7, 2024
Sleep deprivation can result in many issues, from daytime fatigue and mental health issues to driving behaviors police frequently misunderstand as evidence of drug or alcohol impairment.
Proving someone was sleep-deprived can be a challenging feat as there are no blood or breath tests for it, unlike alcohol. DUI lawyers must rely on evidence such as witness statements and medical records in order to establish sleep deprivation cases.
1. Drivers with Sleep Disorders
Sleep disorders can severely disrupt an individual’s restful slumber and increase the risk of fatigued driving. A variety of conditions impede adequate restful slumber, including narcolepsy, insomnia and obstructive sleep apnea – while certain antihistamines and sedatives may exacerbate sleeping difficulties further.
Physicians should follow existing legal requirements by reporting patients who exhibit extreme daytime sleepiness and have experienced motor vehicle crashes or near misses that may be attributable to OSA to the Department of Motor Vehicles. Education programs, early identification, and treatment for OSA may help reduce the likelihood of sleep-related accidents.
However, physicians must be mindful that even in states without reporting requirements, failure to report patients at high risk of sleepiness could leave them exposed to tort liability should an accident caused by impaired driving occur [7]. In any event, regardless of any legal requirements or reporting obligations that might exist for physicians in reporting impaired driving accidents caused by their patients [8, 9]. Therefore it would be prudent for physicians to inform patients suffering from severe daytime sleepiness about increased driving risks until effective treatments have been instituted.
2. Drivers with GERD
Sleep deprivation can have devastating long-term repercussions. It can damage your heart and circulatory system, lead to Type 2 diabetes and make you more susceptible to infections due to a compromised immune system.
Lack of sleep can have an adverse impact on driving skills. For instance, being fatigued could mean difficulty maintaining your lane – leading to potential DUI charges; however, your lawyer could use other reasons as justification for any swerving incidents, such as switching radio stations or talking with your passenger.
GERD can have a detrimental impact on breathalyzer accuracy, leading to false positives and potential DUI charges. Stomach acids containing alcohol may seep into the esophagus and mouth and artificially inflate BAC readings causing false positives on breathalyzer tests.
GERD can make life more complicated for drivers charged with DUI; your attorney can challenge breath test results while providing alternative explanations for an elevated blood alcohol concentration reading in order to strengthen your case.
3. Drivers with Long Shifts
A single night of sleeping two hours or less is enough to impair driving performance and make you more likely to crash. Driving while drowsy is just as dangerous as driving drunk, but there are no quick fixes. Short-term solutions like caffeine can help, but the best long-term solution is to get more sleep.
Some drivers work 12-hour shifts, and even a one-hour nap can cut into driving time. These drivers also face the challenge of irregular pay weeks, making it harder to budget their expenses.
Studies have shown that extending the major rest break between shifts improves sleep duration and has a positive impact on driver alertness during simulated drives. However, there are restrictions that must be considered when implementing such a policy. For instance, there are rules that require a driver to have at least six hours of drive time before taking a rest break. If a driver does not meet this requirement and gets pulled over, they may be subject to DUI penalties.
4. Drivers with Medical Conditions
If your health condition interferes with your driving ability, such as seizures or diabetes mellitus, medical professionals must first be satisfied that your symptoms have been managed to ensure safe driving conditions. Epilepsy, for instance, can lead to temporary loss of consciousness behind the wheel and should always be managed before driving again. Diabetes mellitus also can cause dizziness and confusion and should always be under control before driving again.
Sleep disorders like obstructive sleep apnea or narcolepsy may contribute to falling asleep while driving, and certain medicines (including over-the-counter allergy and cold medicines) may have side effects that could impair your driving ability. Before taking any medication, always discuss this with both your physician and pharmacist in order to assess how it will impact your driving ability.
If you have been arrested for DUI in Atlanta, reach out to our lawyers right away to see how our services can defend your case. We can investigate whether police followed proper protocols during your traffic stop and assert that any field sobriety tests you underwent were administered improperly.