What traffic charges can result from being found asleep at the wheel in Georgia?

The most common charge when a driver is found asleep at a traffic signal is failure to obey a traffic control device under O.C.G.A. § 40-6-20, which applies when a driver fails to comply with traffic signal requirements. Officers may also charge impeding the flow of traffic or other traffic violations depending on the circumstances. While these are traffic rather than criminal offenses in most cases, Georgia law imposes potentially serious consequences: nearly every traffic offense carries up to 12 months in jail and a $1,000 fine, along with license points and a permanent conviction record.

How does a sleeping driver trigger a DUI investigation in Georgia?

When an officer approaches a vehicle with a sleeping driver, the close proximity typically allows the officer to claim an odor of alcohol or other visible indicators of impairment. The driver is then awakened — often disoriented from being startled — and the officer begins evaluating for signs of intoxication. This is one of the more common origins of a DUI case in Georgia: the driver may never have been observed driving erratically, but the circumstances of the encounter give the officer the access needed to initiate a full DUI investigation, including field sobriety tests and requests for chemical testing.

How can Brett Willis Law LLC help with a falling asleep at the wheel charge in Georgia?

Brett Willis Law LLC defends clients throughout Gainesville, Hall County, and North Georgia who face DUI and traffic charges stemming from sleeping-at-the-wheel incidents. Attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings extensive trial experience to every case. The firm carefully evaluates the legality of the traffic stop, the officer's basis for initiating a DUI investigation, whether actual physical control can be established under the facts, and all available grounds to challenge the charges. Contact Brett Willis Law LLC for a free consultation.

Can I Be Charged if I Fall Asleep Behind the Wheel in Georgia?

Falling asleep at the wheel is not itself a separate criminal offense under Georgia law. There is no statute that specifically criminalizes the act of sleeping in a vehicle. However, that does not mean a person found asleep behind the wheel will be left alone by law enforcement. In practice, being discovered asleep in a vehicle — particularly at an intersection or on a roadway — typically results in one or more traffic charges and, very commonly, the initiation of a DUI investigation.

Traffic Charges Commonly Associated With Sleeping at the Wheel

When an officer finds a driver asleep at the wheel, the most common scenario involves a vehicle stopped at a traffic signal that has cycled multiple times without the driver responding. In these situations, officers frequently charge the driver with failure to obey a traffic control device under O.C.G.A. § 40-6-20, which covers the failure to comply with traffic signal requirements. Officers may also charge the driver with impeding the flow of traffic, or with other traffic violations depending on the specific circumstances of the stop.

While these are traffic offenses rather than criminal charges in most circumstances, they are not without consequence. In Georgia, nearly every traffic offense carries a potential sentence of up to 12 months in jail and a $1,000 fine, and a conviction results in points on the driver’s license and a permanent record of the citation.

The DUI Investigation Risk

The more serious legal risk associated with being found asleep at the wheel is the near-certain initiation of a DUI investigation. When an officer approaches a vehicle with a sleeping driver, the proximity to the driver typically allows the officer to claim an odor of alcohol or other indicators of impairment. From that point, the encounter escalates quickly: the driver is awakened, often disoriented from being startled, and the officer begins evaluating them for signs of intoxication.

This is one of the more common origins of a DUI case in Georgia. The driver may not have been observed driving erratically at all — they may simply have pulled over or dozed off at a light — but the circumstances of the encounter give the officer the access and proximity necessary to initiate a DUI investigation. In some cases, the government will argue that the driver was in actual physical control of a moving vehicle under Georgia’s DUI statute, O.C.G.A. § 40-6-391, even without evidence of the vehicle having been in motion during the period of sleep.

Actual Physical Control: A Critical Legal Issue

Georgia’s DUI statute applies not only to drivers who are actively operating a vehicle but also to individuals who are in actual physical control of a moving vehicle. Courts have addressed the question of whether a sleeping driver can be considered to be in actual physical control, and the answer depends on a fact-specific analysis including the location of the driver within the vehicle, whether the engine was running, and other circumstances suggesting the driver’s ability to set the vehicle in motion.

If you have been charged with DUI or any traffic offense following an incident in which you fell asleep at the wheel, the specific facts surrounding the stop, the officer’s observations, and the circumstances of the vehicle’s position and condition are all highly relevant to the defense. An experienced criminal defense attorney will evaluate whether a DUI charge can be supported under the actual physical control doctrine and challenge the government’s case accordingly.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!