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Can you get a DUI the day after you were drinking?

On Behalf of | Jul 9, 2021 | dui/dwi |

All states enact stiff penalties to reduce drunk driving accidents and keep roads safe. You may think you can avoid a DUI in Glen Burnie, Maryland, by sleeping it off. However, you can still get charged with a DUI the next day if you get pulled over by an officer.

Overview of DUI laws

Police officers commonly use Breathalyzers to check if individuals are driving above the legal limit for BAC, or blood alcohol content. In most states, including Maryland, the limit is 0.08. Above this BAC, drivers can get charged with DUI under per se laws.

Per se laws mean the officer doesn’t need any other evidence, so if your Breathalyzer registers 0.08, that’s all the evidence that the prosecution needs. Maryland has a lesser charge called a DWI, or driving while intoxicated, which means you are still impaired but below the legal limit.

Why time matters

There are many myths that claim to help you get sober, such as drinking coffee or taking a cold shower. While you may feel more alert, the alcohol can remain in your bloodstream. How fast the alcohol leaves your bloodstream depends on factors such as height, weight and amount of alcohol. It is possible that you will still be at or above the legal limit for 24 hours if your beverage had 7.5-9% alcohol.

It commonly takes one hour to remove a 0.02 BAC, so you’d have to wait several hours. While you can still get charged for intoxicated driving under the legal BAC limit, the prosecution could have a hard time proving it after the fact without evidence. Prosecution would need evidence like video or photos, damage you caused from driving under the influence and witness testimony.

Getting a DUI has no time limits, but you lower chances the longer you wait to drive after drinking. If you still get a DUI, you may want to seek an attorney to help defend you against the charges.



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