DUI After a Night Out: Why You Might Still Fail a Breathalyzer the Day After - Sand Law North Dakota
Menu Call Now

DUI After a Night Out: Why You Might Still Fail a Breathalyzer the Day After

15th February 2022

DUI After a Night Out Why You Might Still Fail a Breathalyzer the Day After - Sand Law PLLC North Dakota Criminal Defense Attorneys

Getting a DUI can lead to harsh penalties that can impact your life significantly. Even if you managed to get home after a night of hard drinking, that doesn’t mean you’re in the clear. You could still be legally drunk the morning after. And you could be pulled over on your way to work. Just because you’ve slept and had breakfast, you could still be unsteady enough to be a danger behind the wheel.

If you’ve been arrested for suspicion of DUI, you should seriously consider talking to an attorney with Sand Law. Our firm has a team of legal representatives who are experts in DUI laws, and will work to provide you with the strongest defense possible. Please don’t hesitate to contact us online or call 701-609-1510 as soon as you can for a free consultation.

Can You Still be Intoxicated the Morning After Drinking?

Without a doubt, the answer is, “Yes.” There are a lot of factors that go into determining how much alcohol is still in your system. The biggest one, of course, is the amount of alcohol you consumed. Another major factor is the time you stopped drinking.

The body can metabolize the average beer, shot or glass of wine in around one hour. However, that doesn’t go for everyone. Different people’s bodies break down alcohol differently. The amount you weigh, your gender, your age and your metabolism level will have a lot to do with how fast your body processes alcohol.

In general, though, it usually takes about an hour for the body to metabolize an alcoholic beverage. So, if you had 10 drinks and you stopped at midnight, you probably won’t be completely sober until at least 10 a.m. the next morning. There’s a chance it could take longer.

The Time Doesn’t Matter

Police officers don’t care what time they pull someone over for a DUI. If your blood alcohol content (BAC) level is over the legal limit, it’s over the legal limit. Regardless of the time of day. Even if your BAC isn’t too high, you could still be arrested if an officer has any reason to believe you’re impaired. It might have been quite a few hours since you had alcohol. But you could still show the signs of being drunk.

Are Sobriety Tests as Accurate the Next Day?

Field sobriety tests are notorious for being inaccurate. Whether they’re administered at 10 in the evening or 10 in the morning. In fact, DUI charges are often dropped because an officer either made a mistake when giving a test, or the person arrested had some sort of health condition that led them to fail the test. But even if you fail a blood test, there could also be extenuating circumstances.

Sobriety tests often generate so-called “false positive” results. If someone is asked to stand on one leg, they may fail the test because they have a knee injury. They could fail the eye test due to a condition that causes their pupils to jerk.

If you’ve failed a field sobriety test, don’t assume that you’re guilty of DUI. Get in touch with an attorney at Sand Law and we’ll make sure your rights are fully protected.

How to Avoid a DUI the Next Morning

There are a lot of myths out there that are supposed to help someone sober up after a night of heavy drinking. These include things like taking a cold shower, eating some greasy food, or drinking a lot of coffee. The truth is that nothing will speed up the body’s metabolism of alcohol except time.

While it’s true that eating while you drink could slow down the rate at which your body absorbs alcohol (and possibly lower your BAC a little bit), the only way you’ll truly get sober is to wait. If at all possible, take the day off. If you have to go into work, get a rideshare, such as Uber or Lyft. Get a taxi if you have to.

The risk of getting a DUI is simply not worth it. You might feel embarrassed, but the consequences of being pulled over will be even worse.

The next time you drink, pay more attention to how much alcohol you’re consuming. Keep a close count on the number of drinks you have. And space them out. Drink wine or beer instead of taking shots.

How to Build a Case Against Your Morning DUI

If you are pulled over after a night of drinking, that doesn’t automatically mean you’re going to ultimately be found guilty. The first thing to do will be to stay as calm as possible, and always be courteous and show the officer respect. The next thing will be to get in touch with an attorney as fast as you can.

There are a lot of ways an attorney can build an effective defense for people accused of DUI. Police officers can make mistakes, just like anyone else. The officer who arrested you may have failed to explain your Miranda rights, forgetting to tell you that you had the right to remain silent and contact an attorney. The officer may not have explained the consequences of not taking a field sobriety test, or may have tried to coerce you into incriminating yourself.

You may have a medical condition that led to a misinterpretation of your sobriety test, or even your blood test if you submitted to one.

In order to have the strongest case possible, you’ll need to hire an attorney as fast as possible.

Hire a DUI Defense Attorney Today

The attorneys with Sand Law will be ready to defend you against your DUI charges. We have a great deal of experience in this area, and we have a strong track record of success. Put our skill and knowledge to use for you. Get in touch for a free case review by giving us a call at 701-609-1510 or using our online form.