Can being drowsy and tired behind the wheel be grounds for a DUI? 2 Answers as of July 11, 2013My girlfriend says that she wasn't drinking and was only really tired when she was pulled over and charged with a DUI a few days ago. Is she lying to me? If not, does she have an easy case because the police can't prove that she was tired?
Deal & Hooks, LLC | Shawn P. Hooks
You can be charged with being drowsy and tired behind the wheel if the officer pulls you over and believes that you were drinking or using drugs. I have had cases where an individual blew a 0.0 and 0.02. They were both charged with driving under the influence even though the legal limit is 0.08. In both instances the charges were dismissed. It is not uncommon for an officer to suspect someone of being under the influence based on observed driving behavior, time of day and location before conducting the stop and to charge no matter what the outcome is. An experienced attorney will know how to defend those cases.
Answer Applies to: Ohio