Use Your Smartphone To Show Evidence Of Fatigue That May Help To Refute A DUI Charge

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Use Your Smartphone To Show Evidence Of Fatigue That May Help To Refute A DUI Charge

25 July 2019
 Categories: Law, Blog

There's lots of evidence that suggests that being tired while behind the wheel of your car is very dangerous. You may fail to observe the rules of the road, perhaps by weaving out of your lane or even by driving too slowly. Following any traffic stop, the responding law enforcement officer will assess whether the driver seems to be intoxicated. Unfortunately, your severe fatigue could make it seem as though you're under the influence, even if you haven't had a sip of alcohol. If you've faced a DUI arrest that you attribute to your extreme fatigue, share this evidence with your DUI attorney in the hopes of getting the charge dropped.

Alarm Time On Your Phone

Simple things can be easy to overlook, and while one piece of evidence on its own might not absolve you of the charge you're facing, every little bit helps. If you use a smartphone app as your alarm, you may want to keep it to show your DUI attorney. For example, if you were arrested for DUI at 11 p.m., and your alarm indicates that you were up at 4 a.m. that morning because you had a long travel day, any good attorney will argue that being up for nearly 24 hours straight would indicate severe fatigue — but that doesn't mean you were inebriated.

Steps Counter

Another thing that your smartphone can potentially do to help you prove fatigue, rather than intoxication, is display how many steps you took that day. If you use a fitness tracking app on your phone, it will show how active you've been — as well as display when you took your first steps of the day. For example, if you've taken 20,000+ steps, this can be a strong indicator that you might be fatigued. This is especially true if your app reveals that you took your first steps early in the morning and were arrested for DUI late at night.

Daily Itinerary

You can also help to build your fatigue case by showing proof of how busy you were on the day in question. If you keep a detailed itinerary — perhaps in a smartphone app or simply in a traditional daily planner — your attorney may find this information useful. If your day consisted of several long drives, lots of meetings, and other things that can make a person tired, your attorney may choose to use your itinerary contents to support the fatigue defense.

For help with DUI charges, contact a DUI attorney in your area and learn more about how they can help you.