DUI Arrests Involving Fatigue or Drowsy Driving in Cincinnati, Ohio

If you’ve been arrested for driving under the influence in Cincinnati, you might assume the charge involves alcohol or drugs. However, Ohio law allows police to charge drivers with DUI—officially called OVI (Operating a Vehicle Impaired)—based on fatigue or drowsy driving alone. When you’re exhausted behind the wheel, your ability to drive safely diminishes just as it does with alcohol impairment. The challenge is that drowsy driving arrests often involve misidentification of the actual cause of impairment, and Moermond & Mulligan, LLC fights aggressively to protect your rights and challenge these charges.

Why Choose Moermond & Mulligan, LLC for Your Drowsy Driving DUI Defense

When facing a DUI arrest for fatigue or drowsy driving, you need a defense team with deep criminal law expertise and a proven track record in Ohio courts. Moermond & Mulligan, LLC brings the experience, credentials, and aggressive representation you need:

• Board-Certified Criminal Law Specialist – L. Patrick Mulligan, Esq. holds Board Certification in Criminal Law through the National Board of Trial Advocacy, a credential earned through rigorous examination and peer review
• 50+ Years of Combined Experience – Our team has handled thousands of criminal cases in state and federal courts throughout Cincinnati and Ohio
• Former Prosecutors on Staff – Brad Moermond previously served as a Montgomery County Prosecutor, giving our firm insider knowledge of how prosecutors build their cases and what defenses work
• National Recognition – Brad Moermond is recognized as a National Trial Lawyer Top 40 Under 40, reflecting his extensive trial experience and success in high-profile cases
• Proven Track Record – We’ve successfully defended clients against OVI charges. For example, we recently represented a client arrested for operating a vehicle while under the influence. We set the case for trial and on the day of trial successfully argued that the State destroyed crucial evidence, resulting in a dismissal of all charges. See our case results for more examples of successful defenses.

When you work with Moermond & Mulligan, LLC, you get aggressive legal representation focused on protecting your freedom and your future.

Understanding Drowsy Driving and OVI Charges in Ohio

Under Ohio Revised Code Section 4511.79, it is illegal to operate a vehicle while your ability or alertness is impaired by fatigue, illness, or other causes that make it unsafe for you to drive. This statute covers more than just alcohol and drug impairment—it explicitly includes drowsy driving. Police can arrest you for OVI based solely on observations that your driving ability or alertness was compromised by fatigue.

The key distinction is that drowsy driving impairment operates differently from alcohol impairment. When you’re tired, your reaction time slows, your attention drifts, and your decision-making becomes impaired. These symptoms can look similar to alcohol intoxication during a traffic stop, which is why officers sometimes misidentify the cause of impaired driving. Interestingly, research shows that drowsy driving is a factor in approximately one out of every ten traffic stops initially suspected of involving DUI—meaning many drivers face charges for fatigue when officers assume alcohol or drug use. Understanding how police identify impairment is critical to your defense.

How Police Identify Fatigue-Related DUI Arrests

During a traffic stop, officers look for specific signs they believe indicate impairment. For drowsy driving arrests, these signs often include:

• Weaving between lanes – Drifting across lane markings or inability to maintain vehicle control
• Slow reaction times – Delayed response at traffic lights or to road hazards
• Physical appearance – Heavy eyelids, appearing tired, or yawning
• Driver admissions – The driver admits to being fatigued or sleep-deprived

The problem is that these observations alone don’t prove illegal impairment. Many drivers experience momentary lapses in attention without being dangerously impaired. Additionally, officers are trained to recognize signs of alcohol impairment through field sobriety tests like the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. However, these tests were designed to detect alcohol impairment, not fatigue. A tired driver might perform poorly on these tests for reasons completely unrelated to illegal impairment—nervousness, medical conditions, or simply the stress of a traffic stop can affect performance. Learn more about whether you must consent to field sobriety tests.

Legal Defenses for Drowsy Driving DUI Charges

Moermond & Mulligan, LLC challenge drowsy driving DUI charges from multiple angles:

• Challenge the Traffic Stop – Police must have reasonable suspicion to stop your vehicle. If the stop was based on minor traffic violations or observations that don’t rise to the level of reasonable suspicion, we can move to suppress all evidence obtained after that illegal stop. This is a critical defense strategy in many DUI cases.
• Question Test Reliability – Medical conditions, medications, or physical limitations could explain your test results rather than impairment. Many drivers face charges due to medical conditions that mimic impairment.
• Challenge the Impairment Conclusion – Just because you were tired doesn’t mean you were too impaired to drive safely. Driving pattern is examined, as well as your statements and any objective evidence, to determine whether your ability was actually compromised to an illegal degree. Understanding what makes a DUI case weak helps us build your defense.
• Investigate Alternative Explanations – Medical condition, medication side effect, or sleep disorder may be discovered that could explain the officer’s observations. This is why early intervention matters.
• Examine Breath/Blood Test Evidence – We challenge the reliability and administration of any chemical tests you may have submitted to. Learn more about why DUI breath tests are unreliable and what happens if you refuse a breathalyzer.

Consequences of a DUI Conviction for Fatigue-Related Arrests

A DUI conviction in Ohio carries serious consequences regardless of whether the impairment involved alcohol, drugs, or fatigue:

• License Suspension – Six months to three years, depending on prior convictions. Learn about how your driver’s license can be suspended.
• Criminal Fines – $375 to $1,075 for a first-time offense
• Potential Jail Time – Up to six months for a first-time misdemeanor OVI. Understand how likely jail time is for a first DUI.
• Permanent Criminal Record – Affects employment opportunities, professional licensing, and housing applications. A conviction can impact employment after a DUI.
• Insurance Rate Increases – Dramatic increases in auto insurance premiums. Learn how to get insurance after a DUI conviction.
• Mandatory Education Programs – Required alcohol education courses, even though fatigue, not alcohol, was the issue
• Commercial Driver’s License Impact – For commercial drivers, a DUI conviction can end your career. Discover whether you can get a CDL with a DUI.

The long-term impact on your life makes aggressive legal defense essential from the moment of arrest. Understanding the legal process after a Cincinnati OVI/DUI arrest can help you prepare.

What to Do If You’re Arrested for Drowsy Driving in Cincinnati

If you’re pulled over and suspected of drowsy driving DUI, remember your constitutional rights:

• Exercise Your Right to Remain Silent – Do not answer detailed questions about where you’ve been, what you’ve consumed, or how much sleep you’ve had. Learn about your rights during police interrogation.
• Request an Attorney Immediately – Tell the officer you want to speak with a lawyer before answering any questions. Understanding when police must read the Miranda warning protects your rights.
• Decline Field Sobriety Tests – You can politely refuse field sobriety tests at the roadside
• Understand Implied Consent – Ohio’s implied consent law requires you to submit to a breath or blood test, but you can refuse the preliminary breath test (PBT) at the roadside. Learn about whether you must take a breath or blood test.
• Preserve Evidence – Write down everything you remember about the stop, the officer’s statements, and your physical condition as soon as possible
• Contact Moermond & Mulligan, LLC Immediately – The sooner we begin your defense, the sooner we can preserve evidence, obtain police dashcam and bodycam footage, and identify witnesses. Early intervention can make the difference between conviction and dismissal or reduction of charges. Call (513) 421-9790 to speak with our team right away.

Frequently Asked Questions About Drowsy Driving DUI Arrests

Can I be charged with DUI for drowsy driving if I wasn’t drinking?

Yes. Ohio law makes it illegal to operate a vehicle while your ability or alertness is impaired by any cause—including fatigue, illness, or medical conditions. You don’t need to have consumed alcohol or drugs to face DUI charges. This is why it’s critical to have an attorney who understands that drowsy driving arrests require different defense strategies than traditional DUI cases.

How can Moermond & Mulligan, LLC prove I was fatigued and not impaired by alcohol?

We use multiple defense strategies. We examine the results of any breath or blood tests—if you submitted to testing, those results show your actual blood alcohol content. We also gather evidence about your sleep schedule, work hours, and any medical conditions that could cause fatigue. We may retain expert witnesses, such as sleep medicine specialists, to testify about fatigue’s effects on driving ability. We also challenge the officer’s observations and the reliability of field sobriety tests in identifying fatigue-related impairment.

What should I do immediately after a drowsy driving arrest?

Exercise your right to remain silent and do not answer questions about your activities or consumption. Request an attorney immediately. Do not consent to searches of your vehicle. If you submitted to a breath or blood test, note the time and conditions. Write down everything you remember about the stop, the officer’s statements, and your physical condition. Contact Moermond & Mulligan, LLC as soon as possible at (513) 421-9790 so we can begin protecting your rights and preserving evidence. Learn more about your first steps after arrest.

Protect Your Rights—Contact Moermond & Mulligan, LLC Today

A drowsy driving DUI arrest doesn’t have to derail your life. Moermond & Mulligan, LLC provides aggressive legal defense for clients facing fatigue-related OVI charges in Cincinnati and throughout Ohio. We offer free consultations to discuss your case, answer your questions, and explain your options. Our team is available to help you understand the charges and begin building your defense immediately.

Don’t wait. Contact Moermond & Mulligan, LLC today at (513) 421-9790 to schedule your free consultation. We serve clients in Cincinnati, Dayton, and throughout Ohio, and we’re ready to fight for your rights.

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