No, you cannot drive hungover in California if your ability to operate a vehicle is still impaired. Even if you are no longer legally drunk, being hungover can affect your reaction time, judgment, and coordination, making it dangerous and potentially illegal to drive.
California’s DUI laws are designed to prioritize safety by targeting any form of impairment behind the wheel, including driving while hungover. If you’re facing legal issues related to driving impairment, consulting a Los Angeles DUI lawyer can help protect your rights and navigate the legal process effectively.
A skilled attorney can assess your case, provide personalized advice, and advocate on your behalf in court. With professional guidance, you can work toward reducing the impact of the charges and achieving the best possible outcome for your situation.
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Review the Specifics of a DUI Charge
California defines a DUI as driving under the influence of drugs or alcohol, with law enforcement officers authorized to arrest drivers under specific conditions. Drivers may face a DUI charge if:
- They are impaired and unable to operate a vehicle in a reasonable manner.
- Their blood alcohol content (BAC) is over the legal limit.
Any driver over 21 with a BAC over 0.08% can face DUI charges in California. For drivers under 21, the BAC limit is 0.01%, while commercial drivers must maintain a BAC under 0.04%. However, even if a driver’s BAC is under the legal limit, they can still face DUI charges if they appear impaired based on their behavior or ability to drive safely.
If you are charged with a DUI, consulting a Los Angeles criminal defense lawyer can be critical. An experienced attorney can review the circumstances of your case, challenge evidence presented by law enforcement, and help you build a strong defense to protect your rights.
For a free legal consultation, call (310) 896-2723
A Hangover Can Impair Drivers in California
Anyone who has had a hangover knows how unpleasant the experience can be. The human body processes alcohol slowly, often leaving lingering side effects. These effects can impair physical and mental abilities, making it unsafe to drive.
Common hangover symptoms include lack of concentration, memory problems, headaches, fatigue, weakness, and shakiness. These issues can significantly impair a driver’s ability to safely operate a vehicle and increase the risk of accidents.
Drivers stopped by law enforcement, whether during a traffic stop or at a DUI checkpoint, may be required to perform field sobriety tests (FSTs) and other assessments. Failing these tests, even when no longer legally drunk, can result in an arrest and DUI charges. Checkpoints specifically aim to identify impaired drivers, emphasizing the risks of driving while hungover.
Hungover Drivers in California May Have a High BAC
You should be aware that it takes a significant amount of time for the human body to fully process alcohol. It takes around an hour to remove the effects of one drink of alcohol. Depending upon how much a driver drank, they may feel hungover while their BAC is still elevated.
As we mentioned, drivers in California can always face DUI charges if their BAC exceeds the legal limit. Hungover drivers with a high BAC can be arrested and charged with a DUI. Note that time is the only thing that removes alcohol from a driver’s system. Sleeping and drinking caffeinated beverages do not remove the concentration of alcohol on their own.
Some drivers technically can drive hungover, in that they can physically get behind the wheel and turn on their vehicle. However, it’s often legally advisable to wait until you are completely sober to drive to avoid the possibility that you will face criminal charges.
Legal Outcomes of DUI Charges for Hungover Drivers
Hungover drivers arrested for a DUI in California face the same charges as drunk drivers. This means that a conviction for a first-time offense can lead to:
- Jail time of up to six months
- License restrictions of up to six months
- Fines of up to $2,000
A DUI charge remains on your record for 10 years. Each time you are arrested for a subsequent DUI within these 10 years, the penalties you face in court can increase. Additionally, your insurance premiums may go up after a DUI conviction, even if you were only hungover at the time of your arrest.
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Legal Options to Handle Hangover DUI Charges in California
A DUI lawyer in Los Angeles can help if you are charged with a DUI while operating your vehicle with a hangover. Your lawyer can assess the specific facts of your case while working to construct a strong defense.
Often, your lawyer will focus on demonstrating that you were not impaired while driving. The team at the Simmrin Law Group can focus on blocking evidence against you to weaken the prosecution’s case. We may be able to get your charges dismissed or reduced in some cases. Get started by reaching out to us right now.
Call a Lawyer if You Were Arrested for Driving Hungover
You may have the physical ability to drive hungover in California, but such a choice can lead to criminal charges for a DUI. If you are charged with a DUI for hungover driving, reach out to Simmrin Law Group today to get help. You can start working on your defense with a free consultation from our DUI lawyers in Los Angeles.
Call or text (310) 896-2723 or complete a Free Case Evaluation form