California Law on Falling Asleep While Driving

According to SCLG, in California, there isn’t a specific vehicle code section addressing falling asleep while driving [1]. However, the state recognizes the dangers of drowsy driving, and in 2005, established April 6th as Drowsy Driver Awareness Day.

While there isn’t a direct statute, drowsy drivers who cause injury or death can be charged with reckless driving under Vehicle Code 23103 VC or vehicular manslaughter under Penal Code 192(c) PC. Reckless driving is a misdemeanor punishable by 5 to 90 days in county jail and/or a fine between $145 and $1,000.

Vehicular manslaughter penalties vary: if gross negligence is involved, it can be charged as a misdemeanor or felony, with up to one year in county jail for a misdemeanor or up to six years in state prison for a felony. Ordinary negligence results in a misdemeanor charge.

What Causes Drowsy Driving?

According to the Sleep Foundation, drowsy driving occurs when someone operates a vehicle while fatigued or sleepy, leading to impaired attention, slower reaction times, poor judgment, and coordination issues to the effects of drunk driving [2].

Even if the driver has not consumed alcohol, studies have shown the effects of driving while sleep-deprived are similar to those of drunk driving. These effects include impaired attention and coordination, slower reaction time, and poor judgment

Research suggests that staying awake for 24 hours is comparable to driving with a blood alcohol content of 0.10%, which is above the legal limit in all 50 states.

Certain groups are more prone to drowsy driving, including:

Commercial drivers operating large vehicles like tow trucks and semi-trucks.
Shift workers with long or nighttime shifts.
Individuals with sleep disorders or those taking medications that cause drowsiness.

Drowsy driving accidents are more likely to occur in the late afternoon or between 12 am and 6 am, times when natural circadian rhythms lead to lower energy levels. Many of these accidents happen on rural roads or highways and often involve drivers who are alone.

Warning signs of drowsy driving

Frequent yawning or blinking
Feeling like you’re about to nod off
Difficulty keeping your head up
Forgetting the last few miles driven
Missing exits or road signs
Following other cars too closely
Drifting into other lanes or hitting rumble strips

“Micro sleeps” are another dangerous effect of drowsy driving. These brief lapses into sleep typically last four to five seconds. At a speed of 55 miles per hour, a driver could potentially travel 100 yards before waking from their micro sleep

Tips to Stay Awake While Driving

Get Plenty of Sleep: Ensure you’re well-rested before hitting the road, and take short naps during rest stops if needed.
Eat Wisely: Have a nutritious meal before driving and consider a healthy snack after a nap to maintain your energy levels.
Stay Hydrated: Drink plenty of water to keep yourself cool and alert while driving.
Chew Gum: Chewing sugar-free gum can help keep you focused by keeping your mouth active.
Control the Temperature: Keep your car’s temperature on the cooler side to stay more alert and comfortable.
Engage Your Mind: Listen to music, podcasts, or audiobooks to stay entertained and avoid boredom.
Additional Tips: Avoid driving between midnight and 6 AM, when your circadian rhythm is at its lowest. Consider energy-boosting vitamins, fresh air breaks, or traveling with a companion to stay awake and focused.

Key Findings on Drowsy Driving and Fatal Crashes (2017–2021)

Prevalence of Drowsy Driving in Fatal Crashes: An estimated 17.6% of all fatal crashes from 2017 to 2021 involved a drowsy driver, resulting in approximately 29,834 deaths over the five-year period [3]. Although the percentage remained constant, the number of fatal drowsy driving crashes increased due to a rise in overall fatal crashes.

Demographic Insights:

The highest proportion of drowsy drivers involved in fatal crashes were aged 16–20, while the largest number of drowsy drivers were aged 21–34.
Men were significantly more likely to be drowsy while driving, accounting for the majority of drowsy drivers in fatal crashes.
About two-thirds of drowsy drivers in fatal crashes had a blood alcohol concentration (BAC) of 0.00, but drowsiness was more common among those who had been drinking. Specifically, 17% of drivers with a BAC of 0.01–0.07 and 20% of drivers with a BAC ≥0.08 were drowsy, compared to 11% who had not consumed alcohol.

Crash Locations and Timing:

Drowsy driving was most prevalent on rural collectors and local roads; however, the highest number of fatal drowsy driving crashes occurred on urban arterials, where the majority of all fatal crashes happen.
The greatest number of fatal drowsy driving crashes occurred between 11:00 PM and 2:59 AM, with the highest percentage of drowsy drivers crashing between 3:00 AM and 6:59 AM.

Source: AAA Foundation [4]

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References:
1. https://www.shouselaw.com/ca/blog/vehicle-code-section-for-falling-asleep-while-driving/
2. https://www.sleepfoundation.org/drowsy-driving/how-to-stay-awake-tips
3. https://aaafoundation.org/drowsy-driving-in-fatal-crashes-united-states-2017-2021/

Falling Asleep While Driving: Vehicle Code Section Explained