You did the right thing last night after a heavy night of drinking. You didn’t drive home drunk. Great! But if you’re headed out early in the morning, there’s a good chance the alcohol in your system hasn’t worn off yet. And if you get pulled over, you may be asked to take a breathalyzer or take some field sobriety tests. But can you get charged with a DUI if you haven’t been drinking since last night?
Getting a DUI the Morning After Drinking
Although it may be bright outside and the sun may be up, driving under the influence in the morning is just as bad as driving under the influence at night. When there is alcohol in their blood, drivers are still putting themselves and others in danger with their impaired judgment.
Often times, those charged with day after DUIs are most common after “party holidays,” such as Halloween and New Year’s Eve. Just because you were very intoxicated the night before and went to sleep doesn’t mean you wake up sober.
Is the punishment different the morning after?
No, the punishment for DUIs received in the morning is the same punishment one would receive for a DUI received at night. Because of of this, it’s important for drivers to be conscious of how many drinks they have had and how much time has passed before getting behind the wheel the next day. But remember, this varies by how much you drink, how fast you drink, and your body weight.
How can I be safe?
Since BAC (blood alcohol content) falls at about .02 percent per hour – regardless of a person’s size – you need to give your body enough rest and plenty of water. It’s important to make sure you are completely sober before you get behind the wheel of a vehicle.
If you have further legal questions concerning a DUI, contact our experienced criminal defense attorney Tatum O’Brien by email, or call O’Keeffe O’Brien Lyson Attorneys at 701-235-8000 or toll-free at 877-235-8002.