When someone goes out for a night of drinking and socializing, they may certainly be concerned about facing DWI charges that night. They take steps to be proactive, like using rideshare services or riding with friends. But by the next morning, they typically believe that they will be sober enough to drive themselves.
However, that is not always the case, and it is certainly possible to get a DWI the next morning. There are many factors to consider, such as how high a person’s blood alcohol concentration got the night before and how long they waited to get behind the wheel.
How fast does your BAC decline?
A big thing to consider is simply that your BAC drops at a rate of about 0.015% per hour. So it may take you significantly longer to get back down to zero than you assume.
For instance, it would take six hours to get to zero if your BAC was at 0.09%, and that is just barely over the legal limit of 0.08%. If you had a BAC that was significantly elevated over that limit, it could take much longer. There is nothing you can do to speed up alcohol metabolism, so you simply need to give your body time.
For those who stay out late into the night or get up early in the morning for work or school the next day, they simply may not have slept long enough to get back to zero. If so, it is certainly possible to fail a breath test the next morning.
Your DWI defense options
If you do find yourself facing DWI charges, it may come as a surprise. It can put your driver’s license at risk, and you could face ramifications like significant fines and even the potential for jail time. It is very important to understand exactly what legal defense options you have at this time. Seeking legal guidance is a good way to start.