You may have heard that drivers in California can be arrested for driving while hungover. Many drivers wonder if they can get a charge for driving under the influence (DUI) the day after drinking. The short answer to this question is: sometimes.
This article covers the long answer and focuses on the potential penalties for DUIs on the day after drinking. Review the legal repercussions for DUIs with the Simmrin Law Group. You can also get specific answers about your legal situation by calling us at (310) 896-2723.
DUIs on the Day After Drinking in California
According to California’s legal codes, drivers may be charged with a DUI in court if they:
- Operate a motor vehicle
- While their blood alcohol content (BAC) exceeds the legal limit OR
- While they are impaired by drugs or alcohol
The state does not base DUI charges on how long ago a driver consumed alcohol. Waiting a set amount of time before driving – even sleeping overnight – will not guarantee that a driver won’t be charged with a DUI. This means that you can get a DUI the day after drinking if there is still an elevated level of alcohol in your blood.
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The Human Body Absorbs Alcohol Slowly
Your body slowly filters alcohol out of your bloodstream after you consume alcoholic beverages. You may have heard that it takes an hour for your body to process the alcohol in one drink. This is generally true, though the exact amount of time varies from person to person.
You can often roughly determine how long it will take your body to process alcohol by considering how much you drank. Note that the legal limit for BAC in California for a driver over 21 is 0.08%. Once your BAC is below 0.08%, you are less likely to be charged with a DUI in the state.
Impaired Driving on the Day After Drinking in California
Drivers in California are less likely to face DUI charges if their BAC is below 0.08%. However, a law enforcement officer can legally arrest you if you appear to be driving while impaired. This means that you could face DUI charges if you fail a field sobriety test (FST) in California.
A hangover from a previous day’s drinking often makes it more difficult for drivers to complete an FST. You could also have reddened eyes and other physical symptoms associated with drinking while hungover, even if you are no longer inebriated.
It’s important that you handle a next-day charge for a DUI seriously. You can get assistance with these charges by contacting a criminal defense lawyer in Los Angeles now. Just call (310) 896-2723 to start working on a strong defense.
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Legal Penalties for a DUI the Day After Drinking
California does not prosecute DUI charges differently if you are arrested the day after drinking. You can face the same charges as a driver arrested immediately after leaving a bar. This means that, for a first-time DUI, you could end up sentenced to:
- Fines of up to $2,000
- Jail time of up to six months
- License restrictions for up to six months
Additionally, the DUI conviction will remain on your license for 10 years. During this time, the DUI will be considered priorable. It will count against you each time you are arrested for a subsequent DUI, leading to increased penalties for future convictions.
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Get Help in California with a DUI the Day After Drinking
The professionals at the Simmrin Law Group can help if you are accused of a DUI the day after drinking. Our team of DUI lawyers in Los Angeles is prepared to begin working on your defense now. Depending upon your situation, your lawyer may work to show that:
- Your BAC was not actually over the legal limit
- You were stopped without reasonable cause
- You were not inebriated while operating your vehicle
Getting professional assistance immediately after you are arrested can improve your chances of handling a DUI charge in California. Move quickly to focus on avoiding high fines and jail time for a DUI the day after drinking.
Call a Lawyer for DUI the Day After Drinking Charges
You can get a DUI the day after drinking in California. You could be arrested anytime you appear impaired or if your BAC exceeds the legal limits. Fortunately, the Simmrin Law Group is here to help you handle any DUI charge. Get started today with a FREE consultation from our DUI lawyers in Los Angeles.
Find out how we can help you by filling out our online contact form or calling us at (310) 896-2723 today.