Driving under the influence is dangerous and can result in fatalities, and it's a serious charge that you should never assume will be simple to get dismissed. A few extenuating circumstances, such as mouthwash use or various health problems, can mimic having a high blood alcohol content or being drunk, and if your lawyer can prove that these were the issues behind your failed sobriety test or poor driving, then you might be able to get the charges dropped. But there are also circumstances in which you could see the charges increased or your chances of getting a lighter sentence reduced, and that's when there may be evidence that you were drowsy as well.
Why This Even Matters
Let's say you were pulled over for erratic driving. The officer found that your blood alcohol level was borderline and that you appeared exhausted. If your BAC was already bad and your driving noticeably bad, why would being very tired matter — you're already facing a DUI charge, right?
The problem is that being tired behind the wheel can amplify the problem of being drunk behind the wheel. You can nod off when you're tired, while being a bit drunk can still allow you to try to concentrate — that's not a promotion of being drunk at all; it's meant to show that if you're tired on top of drunk, you have this added problem to deal with that could make your driving worse.
Why Being Tired and Drinking Is a Dangerous Convergance
Even worse is that, when you're tired, alcohol can have a more pronounced effect on you. So you might have had only a couple of drinks, enough to put your BAC in the not-good zone by a hair, but your driving may be worse because those couple of drinks are affecting you more intensely than they would have if you were not tired.
Would You Face Additional Charges?
You could. It depends on whether the state this happened in has introduced penalties for drowsy driving and whether you're in a state that allows your road behavior to affect your case along with your BAC. In other words, you could have a borderline BAC but such bad road behavior that your case is treated more seriously.
In any case, you need to see a DUI attorney immediately. When you have an additional circumstance that could increase the severity of your sentence, you need all the help you can get.
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