Is there a Vehicle Code for falling asleep while driving?

No jurisdiction in the United States has a vehicle code section for falling asleep while driving. However, if a person falls asleep while driving, and causes an injury or death in doing so, he/she could be charged under a state law on reckless driving or vehicular manslaughter.

Falling asleep while driving is often referred to as “drowsy driving” and it is a major concern in the U.S. Drowsy drivers display the same traits as drunk drivers.

Some warning signs of drowsy driving include:

• yawning,
• frequent blinking,
• difficulty remembering driving, and
• missing a turn or exit.

Reckless driving is defined as operating a motor vehicle with a reckless disregard to others’ safety and rights. The offense is typically charged as a misdemeanor.

Most states define vehicular homicide as when a person kills someone by the unlawful and negligent operation of a motor vehicle. A violation of this law could lead to felony charges.

Are there laws in the U.S. on falling asleep while driving?

There is no vehicle code section in the U.S. dealing with a driver operating a motor vehicle while falling asleep at the wheel.

This does not mean, though, that driving with drowsiness is not a concern. Drowsy driving is a major problem as it can cause:

• drowsy-driving crashes (or motor vehicle crashes), and
• fatigue related injuries or even deaths.

Driving while falling asleep is often equated to impaired driving and drunk driving as both acts significantly delay a driver’s reaction time.

While there are no laws on the matter, some states have Driving Drowsy Awareness Days or Drowsy Driving Prevention Weeks.¹ The goal of these events is to build public awareness on the dangers of driving without enough sleep.²

What are the signs that a person is falling asleep at the wheel?

According to the Centers for Disease Control and Prevention (CDC), the following are warning signs of drowsy driving:

• yawning,
• frequent blinking,
• difficulty remembering driving a short distance,
• missing a turn or exit,
• drifting in a lane,
• driving of a roadway.³

Some drivers that are likely to drive while drowsy include:

• night shift workers,
• truck drivers, and
• commercial drivers.⁴

How Can a Person Avoid Experiencing Sleepiness While Driving?

The National Highway Traffic Safety Administration (NHTSA) provides the following tips to help avoid drowsy driving, drowsy driving crashes, and related crashes:

• get plenty of rest (e.g., 7-8 hours of sleep per night),
• avoid drinking alcohol before driving,
• use public transportation (if available) if on medication that causes drowsiness, and
• drink coffee or an energy drink if feeling tired or fatigued.⁵

What is reckless driving?

A driver could be charged with reckless driving if he/she drives drowsy and injures another motorist or a pedestrian.

Most jurisdictions say that a person commits this offense when he/she:

1. operates a motor vehicle, and
2. does so with a reckless disregard to others’ safety and rights.⁶

A “Reckless disregard” means that:

1. a person knows, or should have known, that his/her actions were likely to cause injury to someone, and
2. the person still performed those actions.⁷

Reckless driving is a misdemeanor offense in most states.

What is vehicular homicide?

A driver that kills another driver or a pedestrian because of drowsy driving could be charged with vehicular manslaughter.

State laws vary a bit as to the definition of this offense. But prosecutors usually must prove the following to successfully convict a person of the crime:

1. he/she killed another person, and
2. did so by the unlawful and negligent operation of a motor vehicle.

As to “negligent operation,” most jurisdictions say that prosecutors must prove that a driver acted with “gross negligence.”

“Gross negligence” occurs when:

1. a person acts in a reckless way that creates a high risk of harm to the life or property of another, and
2. a reasonable person would have known that acting in that way would create such a risk.⁸

Depending on the facts of a case, this crime can be charged as a felony offense.

What is the law in California?

Like all other states in the U.S., California does not have a vehicle code section on falling asleep while driving.

However, in 2005, the state enacted a resolution that proclaimed April 6th as Drowsy Driver Awareness Day.⁹

As discussed above, a district attorney can charge a drowsy driver with either reckless driving or vehicular homicide in California if the driver:

• injured, or
• killed another motorist or a pedestrian.

Vehicle Code 23103 VC is the California statute on reckless driving. A violation of the law is a misdemeanor. The crime is punishable by:

• imprisonment for 5 to 90 days in county jail, and/or
• a fine between $145 and $1,000.¹⁰

Penal Code 192c PC is the California statute on vehicular homicide. The penalties under this law depend on whether a person acted with:

• gross negligence, or
• ordinary negligence.

If an offender acted with gross negligence, then the crime is a wobbler. A wobbler is an offense that a prosecutor can charge as either a misdemeanor or a felony depending on:

1. the facts of the case, and
2. the defendant’s criminal background.

The maximum misdemeanor sentence for vehicular manslaughter with gross negligence is one year in county jail. The maximum felony sentence is six years in state prison.¹¹

If an offender acted with only ordinary negligence, then Penal Code 192(c) is a misdemeanor. The maximum sentence for the crime

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Legal References:

1. See the National Conference of State Legislature’s website, “Summaries of Current Drowsy Driving Laws.”
2. See same.
3. See CDC website, “Sleep and Sleep Disorders – Drowsy Driving.”
4. See same.
5. See the NHTSA.s website, “Research on Drowsy Driving.”
6. Black’s Law Dictionary, Sixth Edition.
7. See same. See also People v. Schumacher (1961) 194 Ca..App.2d 335.
8. See same.
9. See the National Conference of State Legislature’s website, “Summaries of Current Drowsy Driving Laws.”
10. California Vehicle Code 23103 VC.
11. California Penal Code 193 PC.