Can You Be Prosecuted in California for Falling Asleep While Driving?

Driving demands focus and alertness. However, thanks to the demands of life and work, we sometimes find ourselves driving while tired.

Drowsy driving is dangerous, and falling asleep at the wheel can have devastating consequences.

There is no specific law against falling asleep while driving in California. Instead, drivers can face prosecution if their actions harm someone else.

On the milder end, drivers can be charged with reckless driving for knowingly driving in an impaired state. More seriously, drivers can face vehicular manslaughter charges if their behavior results in a car accident that kills someone else.

If you or someone you now is facing criminal charges after falling asleep while driving, it’s important to speak with a criminal defense law firm. Your attorney will review the facts of your case and build a defense for you.

Is there a law for falling asleep at the wheel in California?

There is not. No jurisdiction in the United States, including California, has a specific vehicle code section for falling asleep while driving.

However, this does not mean that falling asleep won’t lead to legal consequences. If a driver falls asleep and causes an accident, they could be charged under other laws.

Drowsy driving is widely considered as dangerous as drunk driving. According to the Centers for Disease Control and Prevention (CDC), it significantly impairs reaction time and decision-making abilities, much like alcohol intoxication.

Recognizing the risks, California has established initiatives like Drowsy Driver Awareness Day to educate the public on the dangers of fatigued driving.

How falling asleep at the wheel can lead to charges

As we mentioned earlier in this post, California law does not specifically criminalize falling asleep while driving. Instead, related charges can arise depending on the outcomes of the driver’s behavior.

Two of the most common related charges are reckless driving and vehicular manslaughter.

Reckless driving – 23103 VC

Under California Vehicle Code 23103 VC, reckless driving is defined as operating a motor vehicle with a willful or wanton disregard for the safety of others. Falling asleep at the wheel could be construed as reckless driving if it leads to an accident or endangers others.

Penalties for reckless driving in California can include:

  • Imprisonment in county jail for 5 to 90 days
  • A fine ranging from $145 to $1,000

Vehicular manslaughter – 192(c) PC

If falling asleep results in a fatality, the driver could be charged with vehicular manslaughter under California Penal Code 192(c) PC. Prosecutors must prove that the driver acted with either gross negligence or ordinary negligence while operating the vehicle.

  • Gross Negligence – Acting in a reckless manner that creates a high risk of harm to others. This could result in a misdemeanor or felony charge, with penalties including up to six years in state prison for a felony conviction.
  • Ordinary Negligence – Failing to exercise reasonable care, leading to a misdemeanor charge punishable by up to one year in county jail.

Defenses against charges stemming from drowsy driving

Defending against charges stemming from drowsy driving requires a strategic approach based on the specifics of the case. Common defenses include:

  1. Lack of negligence – Demonstrating that the driver took reasonable steps to avoid drowsy driving, such as truck drivers stopping to rest at prescribed intervals throughout their journey.
  2. Medical Emergency – Establishing that an unforeseen medical condition, such as undiagnosed sleep apnea or a sudden health crisis, caused the incident.
  3. Inadequate Evidence – Challenging the prosecution’s ability to prove gross or ordinary negligence.

Each case is unique, and an experienced defense attorney can evaluate the circumstances to determine the most effective strategy.

How to avoid drowsy driving

To reduce the risk of drowsy driving accidents, follow these tips from the National Highway Traffic Safety Administration (NHTSA):

  • Ensure 7-8 hours of sleep per night.
  • Avoid alcohol or medications that cause drowsiness before driving.\
  • Take breaks during long trips and consider consuming caffeine or an energy drink if you feel drowsy.

Recognizing the warning signs of fatigue — such as frequent yawning or blinking — is critical to preventing accidents.

Facing charges related to drowsy driving can be overwhelming.

The Helfend Law Group has over 40 years of experience defending clients against charges of reckless driving, vehicular manslaughter and other serious offenses. Attorney Robert M. Helfend has been recognized as one of the Top 100 Trial Lawyers by the National Trial Lawyers and is committed to providing personalized, aggressive defense.

If you or a loved one is facing legal challenges related to drowsy driving, contact the Helfend Law Group today. Our team is here to guide you through the legal process and fight for the best possible outcome.

Call now for a free consultation and take the first step toward protecting your rights – 800-834-6434.

Published December 14, 2024.