Can I get a DUI the morning after drinking?
Hripsime Bagdasaryan's Answer
Criminal Lawglendale, USA8 years experience
Hripsime Bagdasaryan's Answer
Yes, you can get a DUI the morning after drinking if your blood alcohol content exceeds 0.08.
Driving with a BAC over 0.08 can lead to DUI charges.
Feeling fine does not exempt you from legal consequences.
Consuming alcohol late at night increases the risk of DUI the following morning.
Impairment can happen even if not visibly intoxicated.
Below is an AI-generated transcript of the video answer.
Can you get a DUI the morning after drinking? The answer is yes. So this is based on a variety of
factors but in California law there are two sections under which DUI is commonly charged.
Obviously absent any injuries and things like that or drugs. Those are separate obviously
offenses but DUI just basic DUIs mainly are charged under 23-152A, 23-152B. 23-152A is
driving under the influence which is impairment based. So you have some kind of impaired driving
which causes a traffic stop which then gives you a DUI if you're drunk. Or a 23-152B which is
driving with a blood alcohol content of 0.08 or higher. So that's the morning after problem now.
So if you're drinking heavily or drinking very late into the night so until like midnight 1am,
2am, you're still drinking chances are you're probably still going to be drunk around 7 or 8am
and not drunk like you can't walk, you can't talk, but that your blood alcohol content your BAC is
going to be above a 0.08. So that's very important to consider. You can feel fine but it's not a
legal defense. So if that BAC is above a 0.08 at 7am, 8am, 9am then you're not okay to drive,
you're not okay to go to work and you could get pulled over and you could get a DUI the
morning after drinking. So it is possible.
Criminal Law Lawyer
glendale, USA
