Have you ever notice an individual speeding, rolling through a stop sign or swerving while driving? It’s easy to assume that the driver is under the influence of drugs or alcohol. That is not always a true assumption. He or she may just be a poor driver. In fact, there are several types of poor driving behavior that are unrelated to drinking alcohol or consuming drugs. Yet, they are as dangerous—maybe even more dangerous—than driving under the influence, or DUI.
Here are several examples of poor driving that can be mistaken for DUI:
Distracted Driving
There is no doubt you’ve heard about distracted driving. There are commercials and public service announcements devoted to this type of poor driving because of the increase in smartphone and cellphone use. Distracted driving has become more dangerous than driving under the influence of alcohol or drugs.
A study conducted by the Virginia Tech Transportation Institute, or VTTI, showed how likely drivers are to be involved in a car accident. The study revealed drivers were 23 times more likely to be involved in a crash who texted while driving.
Why? Any time a driver’s mental, manual or visual attention is taken off the driving task it leads to the same drunk driving behavior. Police may stop a driver under the belief that a traffic violation occurred and the driver was intoxicated, when in reality the driver was distracted and not paying attention to the road.
Mechanical Failure
Faulty steering, brake or another type of mechanical vehicle malfunction can cause a driver to lose control of his or her vehicle. Also, mechanical failure can cause erratic driving patterns or even car accidents. An investigation may show that a driver’s behavior was not caused by alcohol or drugs, but his or her defective vehicle or vehicle part.
Fatigued Driving
Driving while tired has similar effects of driving while under the influence. An individual may be unable to focus on driving. For instance, he or she may swerve in or out of her or his own lane. There is also a chance of the driver falling asleep while driving and causing a car accident.
A recent study conducted in Australian found that sober drivers kept awake for more than a 24-hour period actually drove worse than drunk drivers. The study also found that there was basically no difference between chronic and acute sleep loss. They both can severely impair a person’s driving abilities.
Carelessness
Of course, no driver is perfect. A simple careless act or mistake could cause an assumption that a driver is under the influence of drugs or alcohol. You may be accused of drunk driving. However, your blood alcohol concentration, or BAC, wasn’t high enough to fall within California’s 0.08 percent or more per se statute. Your carelessness or simple negligence may be to blame.
The Seriousness of a DUI Arrest
You may be pulled over and arrested for DUI. However, your driving mistakes have nothing to do with consuming alcohol or drugs.
Bad driving may result in a traffic violation like running a red light or texting while driving. These violations are punishable only with fines and points added to your driving record. A DUI is more serious and nothing to take lightly.
In California, DUI is either a felony or misdemeanor depending on the circumstances involved. If you are convicted, you could face prison or jail time, depending on the facts of the case. This is addition to probation, community service, court fees and fines you may also pay.
If you are accused of DUI, it’s time to start fighting. You may know that you were not drunk. However, the prosecution is determined to prove otherwise. Contact the Law Offices of Jonathan Franklin to start resolving your DUI.
