Washington, D.C. personal injury lawyers Regan Zambri and Long write a post about a study in the American Journal of Respiratory and Critical Care Medicine regarding patterns of sleep apnea in truck drivers. Criminal Defense practitioners should take note of this study as well:
Oftentimes, when police find someone who has “passed out behind the wheel”, they jump to the conclusion of intoxication. DWI defense lawyers need to be aware of all the possible reasons someone may seem intoxicated, when in fact they are not.
When the participants took driving tests, those who suffered from sleep apnea had motor skills impairments consistent with drunk driving. Of the truckers with sleep apnea, one-third of them also experienced attention lapses comparable to intoxication.