Many people assume that they’re only at risk of a DUI charge if they drive the same day they have been drinking. Someone may spend the evening at the bar drinking with their friends and try to drive home at 2:00 AM. They understand that getting pulled over could lead to a DUI.
However, this can lead to another problematic assumption, which is that you are not going to get a DUI the next day. As long as someone goes to sleep and gets up the next day, they assume that they have sobered up and will not be at risk of facing charges. But this is not always the case, as the rate the body metabolizes alcohol may be slower than you think.
The average rate of BAC decline
To begin with, the average rate at which your blood alcohol concentration (BAC) declines is just 0.015 per hour. If someone does not sleep long enough, they could still have a positive result if they take a breath test.
For example, a college student may stay up late drinking at a party, catch a few hours of sleep and then get up for an early morning class. Even though they went to sleep, they could still fail a breath test on the way to school.
Your BAC does not decline immediately
Additionally, a person’s BAC generally peaks about 30 to 120 minutes after they stop drinking. If someone knows they have an elevated BAC and will need eight hours before it returns to zero, for example, they may believe that clock starts as soon as they go to bed. But if they had a final drink before going to sleep, their BAC may still be climbing.
Understanding how the body processes alcohol helps to show some of the risks of a next-day DUI. If you are facing charges, be sure you know what legal defense options you have.