Fatigue - Basis for DWI Arrest?

[markdavis_2]

What is the name of your state (only U.S. law)? California

Ok, Im in the Air Force and Stationed in Cali. We had a rash of several alcohol related DWI arrest in our Squadron over a 3 month period. We had a Squadron Commanders call due to this. My question comes from a statement made by a off base Police Officer and also by an Air Force Security Forces Sgt (USAF MP's). The said that you can be arrested and charged with a DWI simply due to the fact that your driving fatigued, and that even if you come out completely clean of alcohol or drugs, your are guilty of DWI simply because you were driving fatigued, is this right? They were representing this to be a California law, and not a base or military law. I can see how they might could have probable cause to arrest you for DWI if you appear fatigued and they thought it was due to a drug or other substance, but they kept saying you can be convicted for the sole accusation of driving fatigued, even absent of any evidence of drug or alcohol. Ive never heard of a DWI/DUI law that allows one to be CONVICTED on the mere proof that one is fatigued.

Thanks for any help!

 

[FlyingRon]

No. While they may be able to convict you of careless or perhaps even reckless driving while driving fatigued, tired does not equate to intoxicated.
However certain behavior of the fatigued could be mistaken enough for intoxication to give probable cause for an stop, arrest, or chemical test.

 

[Isis1]

Driving fatigued is impaired driving. Which is just as dangerous as driving drunk. Don't use machinery (car) that could kill yourself or others if you are not at 100%.

 

[Captain Picard]

Both those people who spoke to you are HS grads .. consider the source.

 

[FlyingRon]

I don't know what Picard's snippy answer is about, but mine was correct.
There is no "impairment" statute in California (nor any other state I am familiar with) that involves fatigue. California specifically mandates that the impairment must be alcohol, drugs, or a combination of the two. The word "fatigue" doesn't even show in the vehicle code.

 

[Isis1]

Both those people who spoke to you are HS grads .. consider the source.

Oh good! I'm glad you noticed I graduated high school! And junior high.....and cosmetology, and elementary, and kindergarten, and three seperate parenting classes. Still working on my AA. But it's nice of you to notice

 

[CdwJava]

They were representing this to be a California law, and not a base or military law. I can see how they might could have probable cause to arrest you for DWI if you appear fatigued and they thought it was due to a drug or other substance, but they kept saying you can be convicted for the sole accusation of driving fatigued, even absent of any evidence of drug or alcohol.

I suspect the officer used poor terminology ... I find it hard to believe he would be so misinformed as to think that was actually possible. Perhaps he was arguing that a poor evaluation coupled with the officer's testimony of the evaluation might lead to an opinion of impairment. And, without a test to affirm or refute the evaluation the officer's testimony might be left to stand on its own.

In short, an arrest is theoretically possible, but a conviction would be highly unlikely if fatigue was truly the only source of "impairment." An officer appropriately trained in alcohol and/or drug evaluations should be able to tel the difference.

 

[markdavis_2]

Thanks for the imput here! Dont get me wrong, I am completely against driving while impaired by any means, whether its caused from drugs, booz, cell phones, being tired, or your kids are jumping around the car!

I was more concerned if the mere fact of driving tired would satisfy the elements of the criminal offense of DWI as the police were saying. It just shocked all of us as very strange that the officer told us that he can arrest us for DWI for driving tired, even if he knows were only tired and its not caused from drugs or booz!

Thanks again!

 

[justalayman]

I don't know what Picard's snippy answer is about, but mine was correct.
There is no "impairment" statute in California (nor any other state I am familiar with) that involves fatigue. California specifically mandates that the impairment must be alcohol, drugs, or a combination of the two. The word "fatigue" doesn't even show in the vehicle code.

I would have to look to try to find it but if memory serves me well (and I admit it does fail me occasionally as the hair becomes more gray), I seem to remember a state or two in the east that were specifically including fatigued driving under their impaired driving statutes. Can't remember which states specifically though.