Many people only worry about getting a DUI on the night that they go out drinking. Maybe it’s a Friday night, and they go out with their friends after work. They know that they shouldn’t drive home, so they call a rideshare service or get a ride with someone else.
But would it actually be possible to get a DUI the next day? Many people are shocked if they get pulled over or even arrested the following morning, but it can—and does—happen.
Your BAC drops slowly
One thing to remember is that your blood alcohol concentration (BAC) does not go down very quickly at all. It can take hours for it to get back to zero.
According to some studies, the average rate of decline is 0.015% per hour. It’s fully possible for someone to still have a detectable BAC on a breath test long after they finish drinking.
For example, say that someone’s BAC gets up to 0.12% while they are out with their friends. They’ve had quite a bit to drink, but they go home and sleep for a few hours before getting up and going to class at college or driving into the office for work.
But it would take two hours for BAC to decline by just 0.03%. It would take a full eight hours for their BAC to return all the way to zero. If the person stays out late and then gets up early, there’s a good chance that their body just has not had enough time to process the alcohol in their system, and so they could risk getting a DUI charge the next day.
If something like this happens to you, it’s important to consider the ramifications, from fines to jail time and the loss of a driver’s license. You must know the legal defense options you have when facing such charges.