Drowsy driving laws: what states say about driving while sleepy
How the law treats drowsy driving, which states name it and why it is undercounted
Most people know drunk driving is illegal. Fewer know how the law treats a driver who falls asleep. Drowsy driving can be just as deadly, yet it is much harder to prove and much less often charged.
This guide explains the laws that apply to drowsy driving, why it is so hard to count, and what that means for every driver.
Two states name drowsy driving
According to the Governors Highway Safety Association, only Arkansas and New Jersey have traffic laws that specifically cite drowsy driving [1].
New Jersey: Maggie’s Law. The law is named for Maggie McDonnell, a college student killed in 1997 by a driver who had gone without sleep for about 30 hours. Since 2003, New Jersey has treated driving while knowingly fatigued as reckless. The law defines fatigued as being without sleep for more than 24 hours in a row [2].
Arkansas. Since 2013, Arkansas law has covered fatigued driving in deadly crashes. It defines fatigue as being without sleep for more than 24 hours in a row, or being asleep [2].
Drowsy drivers can be charged anywhere
Even without a drowsy driving law, tired drivers are not off the hook. Depending on the state and the facts, a driver who falls asleep and causes a crash may face:
- Careless or reckless driving
- Vehicular assault
- Vehicular manslaughter or homicide
- Civil lawsuits for injuries and damage
Prosecutors may look at how long the driver had been awake, work schedules, phone records, statements and whether the driver ignored warning signs. A driver who knew they were exhausted and drove anyway is in a much worse position.
Commercial drivers face hours limits
Truck and bus drivers who cross state lines must follow federal hours of service rules. These limit how long they can drive and work before resting. Federal rules also bar drivers from driving while so fatigued or ill that it is unsafe, and bar companies from requiring it.
Why drowsy driving is undercounted
There is no breath test for sleepiness. Officers arrive after the crash and rarely see how a driver behaved before it. Drivers may not admit dozing, and those who die cannot explain. States also record drowsiness in different ways [1].
Comparison compiled by Safety Behind the Wheel Foundation
Two ways to count drowsy driving deaths
| Measure | Number | What it means |
|---|---|---|
| Official federal crash records, 2023 | 633 deaths | Crashes where police coded drowsiness |
| Research estimate, 2023 | About 6,300 deaths | Based on a model estimating 17.6 percent of fatal crashes involve a drowsy driver |
Source: Governors Highway Safety Association, “Wake Up Call” 2026 update, citing NHTSA and the AAA Foundation for Traffic Safety [1].
This gap matters. When a problem looks small in the data, it gets less attention and funding.
What states are doing
Beyond laws, states and safety groups use other tools [1]:
- Rumble strips on shoulders and center lines
- Rest areas, especially on long rural highways
- Training officers to spot signs of drowsy driving
- Education for teens and their parents about sleep
- Encouraging later high school start times
- Working with employers on fatigue policies for shift workers
How tired is too tired
Research comparing sleepiness to alcohol found that after about 17 hours awake, performance drops to about the level of a 0.05 blood alcohol concentration. After 24 hours, it reaches about 0.10 [3]. That is above the 0.08 limit for adult drivers in nearly every state.
Signs you should not be driving [4]:
- Frequent yawning or blinking
- Drifting from your lane or hitting rumble strips
- Missing your exit
- Not remembering the last few miles
Warning: If you feel drowsy, pull over in a safe place and sleep. Opening the window or turning up the radio will not keep you safe.
Checklist: avoiding drowsy driving
Checklist from Safety Behind the Wheel Foundation
- I get 7 or more hours of sleep before long drives
- I avoid driving between midnight and 6 a.m. when I can
- I stop every two hours on long trips
- I share driving on road trips
- I check medicine labels for drowsiness warnings
- I pull over to nap when warning signs show up
Frequently asked questions
Is it illegal to drive tired?
In most states, being tired is not a crime by itself. But if you crash because you were drowsy, you can face charges and lawsuits. In New Jersey and Arkansas, staying awake more than 24 hours before a deadly crash carries special legal weight.
Does my car insurance cover a crash if I fell asleep?
Generally, liability coverage still applies. But a drowsy driving crash may count as at fault and raise your rates.
Are teens more at risk?
Yes. Teens often do not get enough sleep, and they are less experienced. Many states’ graduated license rules limit late night driving for new drivers, which also helps reduce drowsy driving.
Related articles
Sources and further reading
- 1Governors Highway Safety Association. “Wake Up Call: Understanding Drowsy Driving and What States Can Do, 2026 Update.” February 2026. ghsa.org/…/Wake_Up_Call_2026_Update.pdf
- 2Governors Highway Safety Association. “Drowsy Driving” state law page. ghsa.org/state-laws-issues/drowsy-driving
- 3Dawson D, Reid K. “Fatigue, alcohol and performance impairment.” Nature, 1997. doi.org/10.1038/40775
- 4National Highway Traffic Safety Administration. “Drowsy Driving.” nhtsa.gov/risky-driving/drowsy-driving
This article reflects the safety priorities of drowsy driving prevention and traffic law. It is general education, not legal advice. Check your state’s laws or ask an attorney about a specific case. Reviewed November 2026.
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