Some people are charged with drunk driving the day after they have consumed alcohol.
There’s a perception that you can’t be arrested for drunk driving if it’s the next day and you have slept, had a cold shower, or a strong black coffee.
In fact, you can be arrested and charged with a DWI if you are legitimately stopped and fail a sobriety test the next day.
In other words if your blood/alcohol level is 0.08 percent or higher, it does not matter that you are driving the day after a night of consuming alcohol.
Of course, unlike coffee or a shower, time is proven to reduce the alcohol content in your blood. How long it takes you to be able to drive safely depends on factors such as how much alcohol you have consumed and your height and weight.
Generally, it takes a couple of hours to break down a 0.02 percent blood/alcohol concentration, so it can take six or so hours to be able to safely drive even if you are at the 0.08 level to fail a sobriety test, and considerably longer if you are more drunk.
No state has a time specific DWI law. In other words there is no cut off related to the time since you had your last drink. The time when you were pulled over is immaterial and you won’t get a more lenient sentence because it has been a matter of hours since you were drinking.
If you are over the legal limit or too intoxicated to drive properly the next day, there’s an risk you will be charged with DWI. Of course, an officer still needs a proper cause to pull you over. It could be reckless driving, speeding or malfunctioning light.
If you have been drinking the night before, you should err on the side of caution. Get a ride from a friend or delay driving.
If you are arrested for DWI, the fact you have failed a test does not mean you are automatically guilty. Our experienced Fort Worth drunk driving defense lawyers are familiar with all of the ways a DWI charge can be flawed.
If you have been charged with drunk driving, it’s important to act fast.