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Can I get charged for driving impaired if there were no alcohol in my blood and I was just sleepy while driving?

Salt Lake City, UT |

Is that even possible? Should I be worried?

Attorney Answers 4


  1. If you refused testing you can be charged in some jurisdictions. If you had controlled substances in your system you can also be charged with DWI. You may want to speak with an attorney to discuss in more detail. Good luck.


  2. If you were really only tired, and there was no "drug" or alcohol in your system under Utah law, then you should be able to beat a DUI charge. There is a "drowsy driving" statute in Utah that you could possibly get charged under.
    It is important to note that Utah has defined "drug" very broadly for the purpose of DUI and substances that would not appear in your blood on a drug screen, inhalants like paint, for example, could potentially be the basis for a DUI charge.

    If you were cited by a police officer for DUI, speak to an attorney immediately, because even if your blood comes back clean, you could lose your license for 4 months if you don't take steps to protect it.

    -Phil

    The information I provide on this forum is not a substitute for consulting with an attorney licensed in your jurisdiction. Any information I have provided is not intended as legal advice and should not be construed as such. Further, by answering this question, I am not agreeing to enter into an attorney-client relationship with you. Communications on this forum are not privileged or confidential and should not be treated as such. It is unwise to disclose information of a confidential or personal nature on this forum.


  3. Did you have any prescription or recreational drugs in your system? If not, then it sounds like you'll ultimately be in the clear. If so, you need a DUI attorney. Good luck.

    Jasen Nielsen


  4. As attorney Wormdahl states, you can always be charged, but a lack of alcohol in your system is a defense you will want to explore with your attorney. I note that attorney Wormdahl is in SLC. Call his office and set up an appointment. These things are always best handled in person.

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