Can you get charged with drunk driving if you were hung over? 63 Answers as of July 12, 2013

Can you get charged with drunk driving if you were hung over? I was charged after sleeping for 8 hours and was responsible and stayed with friends. I was pulled over in the morning for speeding and the cop charged me. Is this legal?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You are presumed innocent until proven guilty. The prosecutor would need to prove their case beyond a reasonable doubt. I would recommend retaining a lawyer to assist you with this matter. Convictions for OUI's OWI's DUI's etc., may result in significant long term financial penalties, costs, incarceration, license sanctions, other forms of punishment, so having the right council is very important. This answer does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. In certain states, if a person has alcohol in their system below the "legal limit," and this level of intoxication impacted their driving, they could be charged with some version of driving while intoxicated or driving while impaired. In Michigan, for example, there is charge called "Operating While Impaired," which contains no threshold regarding a person's alleged blood alcohol level. This offense is considered a "lesser offense" of driving while intoxicated, and the applicable penalties are less severe for a conviction. Simply being charged, though, is not the same as being convicted. A prosecutor has a higher burden of proof at a trial as opposed to when they or an investigating police officer first review a potential case and issue the charges. Anyone charged is presumed innocent until proven guilty. Alcohol can stay in person's body for a significant amount of time depending on the quantity consumed, a person's gender, their body type, and a litany of other factors. A person "hung over," even though they stopped drinking hours before, may still have a blood-alcohol level above trace amounts. Prosecutors will try to bring in field sobriety tests or other types of circumstantial evidence to show levels of intoxication. Evidence may be "circumstantial" at times, but even "circumstantial" evidence could be enough for a conviction if a jury or judge finds it to be credible. OUI OWI DUI charges often hinge on the various types of tests police used to determine a person's blood alcohol level. However, a person's own statements may be a significant issue as well. What a person says to the police could be used as an "admission" and used against them in the pending criminal case. Sometimes, evidence may not be admissible and with a timely filed motion by a defense attorney, it will never be used in court. However, ultimately, factual questions, i.e., whether a person is actually guilty, depends on what a jury or judge thinks about the admissible evidence.
Answer Applies to: Michigan
Replied: 6/6/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If you were still drunk, absolutely. The question is whether you were actually impaired. Whether you were given field tests or a breathalyzer will also be important.
Answer Applies to: Missouri
Replied: 6/3/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
If your Blood Alcohol Content was over the legal limit the next morning (something which is definitely possible) then you can definitely be charged with DUI. If you were never administered a breathalyzer or blood test then it may be possible to fight the charges. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 6/3/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
That stinks. I would say, probably because it is legal to charge you if there is probable cause. Just because you are charged, does not mean you are guilty. If you did not blow, and there was no evidence of your blood alcohol level, I would think that you could get at least one sympathetic juror under your facts. You might even get a sympathetic juror if there is evidence of your B.A.C. While it takes a unanimous verdict for you to get an acquittal, it only takes one juror to hang up the trial or result in a mistrial. Get a lawyer. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Fitzpatrick, Mariano, & Santos, PC
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
The police need probable cause to arrest you for DUI. The police develop probable cause by your physical appearance, odor of alcohol on your person and performance on field sobriety tests.
Answer Applies to: Connecticut
Replied: 6/2/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    If the police officer believes you were under the influence of alcohol then you can be charged, but the prosecuting attorney would have to prove that you were still under the influence. You should hire an attorney.
    Answer Applies to: New York
    Replied: 6/2/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It is legal only if the cop had probable cause to stop you ( usually a traffic infraction or erratic driving ) and your B/A was over .08.
    Answer Applies to: California
    Replied: 6/2/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You can be charged if you were driving with a blood alcohol content that is over the legal limit.
    Answer Applies to: Washington
    Replied: 6/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You could be charged if you were operating a motor vehicle while impaired. If you had consumed enough alcohol the night before to still be impaired the next morning, you could still be facing a DUI. This would depend upon how much alcohol was still in your system. You should consult with an attorney to protect your rights and challenge the charge if necessary.
    Answer Applies to: Kansas
    Replied: 6/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You were arrested on "suspicion" of DWI. That is legal if the cop can show justification. Chances are you still smelled of alcohol, you likely did not look your best either, so a cop can at least try to convince a judge he was justified in the stop and arrest. The better question is can the State make a case? Did you provide breathe or blood?
    Answer Applies to: Texas
    Replied: 6/1/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    The answer to that question is, if your blood alcohol content is over a .08 the next day (or, if you are "impaired to a noticeable and perceptible degree") then yes, you can be charged with DUII. Simply put, if you really "tied one on" the night before, your body may have not completely processed the alcohol and thus it is still swimming around in your blood. You may not feel drunk (maybe just hung over), but you still could be legally intoxicated. I've actually represented a few people who have picked up DUIIs that way. It may be surprising (and unwelcome) but it's legal.
    Answer Applies to: Oregon
    Replied: 6/1/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Yes, you may be charged with a "drunk driving" charge if you were hung over. The reason is, in Oregon at least, the prosecution can convict someone for a DUII if their blood alcohol concentration was a .08 or above, OR if the person is impaired to a perceptible degree. The second standard can encompass someone who is driving hung over because they are still being affected by intoxicants.
    Answer Applies to: Oregon
    Replied: 6/1/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    The cop pulled you over for speeding and not for the fact that you were hung over. This is perfectly legal.
    Answer Applies to: Washington
    Replied: 6/1/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Apparently, you were not "hung over" but still drunk. We can represent you.
    Answer Applies to: New York
    Replied: 6/1/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The issue in your case is whether you were operating while under the influence of alcohol. The legal limit in Michigan is .08. However, if your driving was affected due to the use of alcohol, you can be charged if it was lower. At .08 or higher, you will be presumed to be under the influence, regardless of when you last drank. A conservative rule of thumb is that for each beer, your BAC goes up by .03. When you are not drinking, your BAC goes down by .02 per hour. Therefore, if you drank 10 beers, your BAC could be .30. If you wait 10 hours, your BAC would be reduced by .20. The result, even after 10 hours is a BAC of a remaining .10 in your system, which is over .08, and you would be charged with drunk driving while being hung-over. There are many variances to the general rule of thumb mentioned above. The size of the person, sex, metabolism, and other factors enter in. However, the realtionship principles remain. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/1/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In Texas the State must show you have a BAC of .08 or above or that you lost your normal use of your physical or mental faculties by the introduction of alcohol or drugs when driving in a public roadway.
    Answer Applies to: Texas
    Replied: 6/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may be charged for a DWI if your blood alcohol level was over the legal limit or if alcohol in your system adversely affected your driving conduct. If you are hungover the day after drinking, it is equally possible that there is still alcohol in your bloodstream and that you may be over the legal limit.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If the officer had probable cause and you failed either the BAC or the field sobriety tests, then yes you can be charged with DUI.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It is not drunk driving, it is under the influence being charged. Hung over is likely that. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. If you can't afford private counsel, you can apply for the Public Defender. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Even though you are hung over and it has been eight hours since you last consumed alcohol, the law is whether you are under the influence of alcohol to the point that you are not able to safely operate a motor vehicle. If you were "hung over" you could still be under the influence to the point that you should not be operating a motor vehicle. Also, being hung over after a night of drinking would likely result in your having an odor of alcohol about your person, bloodshot eyes, unsteady on your feet, and slurred speech, all signs that officers look for in determining whether someone is under the influence. I would assume that field sobriety test are also somewhat difficult when you are hung over.Could be enough for a Court to convict you.
    Answer Applies to: Alabama
    Replied: 5/31/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If there is evidence that when you were actually driving you were under the influence of alcohol, you can be charged regardless of when you had your last drink. This is usually established by a blood alcohol result but if none exists by the testimony of the officer that in your opinion you were under the influence. If there is no result and you can prove you did not have a drink for over 8 hours and your symptoms were not due to being still under the influence you will likely be acquitted.
    Answer Applies to: California
    Replied: 5/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is possible, if you were still under the influence such that your driving was impaired. I would recommend that you retain a criminal lawyer to investigate all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    The legal blood alcohol content in the state of Michigan is a .08. You could be charged with drunk driving even if you had a BAC below .08 if at the time you were intoxicated and your ability to operate the motor vehicle was substantially and materially affected by your earlier consumption of alcohol. You need to hire a lawyer.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    Yes it is legal- go to my website for help and immediate assistance with your case. Type in your name and number for a consultation if it is after hours.
    Answer Applies to: South Carolina
    Replied: 5/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Speeding was a basis for stop. Being hung over might have caused you to look under the influence. Basis to investigate. Maybe you no longer had .08 or more BAC but , in officer's opinion, were still acting under the influence. So probably legal. Questions are how much did you have to drink and had your system "burned off" enough alcohol. Assume .02 increase in BAC for each drink and .01 reduction per hour w/out ingesting any alcohol. You probably should talk to an attorney who regularly handles DUI cases.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can still be charged if your Blood Alcohol Content was over .08 or more.
    Answer Applies to: California
    Replied: 2/24/2012
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    The only requirement for arresting and charging you with a DUI is that you have the requisite amount of alcohol in your blood stream at the time of the stop. So, if you had a BAC of .08 when the officer stopped you, and he had probable cause to stop you, and his breathalyzer was properly calibrated and the test properly administered, then it does not matter when you last had a drink.
    Answer Applies to: California
    Replied: 5/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Most definitely you can be charged with DUI. If you consumed a lot of alcohol, the effects can linger in your system for hours, and even though you believe you slept it off, there can be sufficient evidence to arrest you at that late hour. Get a lawyer to represent you, and he will be able to review all the evidence from your perspective and the evidence the police provided, to make a determination of your intoxication, if applicable.
    Answer Applies to: Illinois
    Replied: 5/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you were driving a motor vehicle with a blood alcohol content of 0.08 or greater, you could be charged with OWI (drunk driving).
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    It sounds as if you were being responsible, but alcohol does not magically disappear after 8 hours and the affects of alcohol on you do not just disappear after sleeping. The question is not whether you were being responsible, which you were; but rather, what was you blood alcohol at the time of driving and whether you were still under the influence of alcohol to a perceptible degree when you were driving. So the quick answer is yes, the officer had the right to arrest you if the officer had probable cause. Ouch! Don't hesitate to call. There is some good science behind the dissipation of alcohol that should be helpful, unless your intoxilizer results were .08 or higher.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    DUI laws vary from state to state. In Georgia, if you read over .08 within 3 hours of driving you can be charged with DUI.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Well, the answer to your question is in your own message: you were charged, so yes, you can be charged. The real question is: can you be convicted? To answer that question you need an experienced DUI attorney to review the evidence: police reports, arrest video, your full account, etc. Remember that a mere odor of alcoholic beverages is not enough evidence to sustain a conviction. It must be proven that you were either over the legal limit, or under the influence to the extent that you were less safe to drive. Consult with a couple DUI attorneys in your area and hire the best one you can afford.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It is if your blood alcohol was still above legal limits.
    Answer Applies to: Pennsylvania
    Replied: 5/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that you were "hung over" and that you slept for 8 hours and then were stopped and charged with speeding and DWI. If you were highly intoxicated before you went to sleep you should have metabolized most or all of the alcohol after 8 hours and your breath test should have been under .04. You did not state whether you refused the breath test or took a roadside alcosensor test. You did not state whether you passed the field sobriety tests that the police request that you preform before they charge you. The police can charge you if your breath smells of alcohol, your eyes are red, you are unsteady on your feet or cannot walk a straight line, slur your speech, and drive erratically. They can also arrest you if you refuse the test and they want the overtime they make when they have to go to court on any arrest, especially one that will go to trial like a DWI. If you slept 8 hours and did not drink anything you should have been sober as a judge and taken the breath test. If it was between .05 and .07 there is a presumption that you are impaired, if it is under that the presumption is that you are not impaired. If you refuse the test the court will rely on the common law testimony of the officer as to how you appeared, how you drove, and how you preformed on the field sobriety tests. I specialize in drug and DWI cases and have handled thousands. I have taught Criminal Law Procedure and would be happy to give you a free consultation. I have lawyers in every city in New York State to handle any crime charged for a reasonable fee.
    Answer Applies to: New York
    Replied: 5/31/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you can be charged with drunk driving if you are hung over. Many people who are hung over still have alcohol in their systems. The law has a section that is based on your blood alcohol level. It is illegal to drive with alcohol in your system if it is a high enough level. You should get an attorney.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes, sadly it is happening more and more. I don't know the facts of your case and in all likelihood there may be some very good defenses. An average person is assumed to eliminate alcohol as .015 per hour, so if you were very intoxicated at 2AM and were driving 6 hours later you could still be over the legal limit. You should consult with a DWI lawyer to discuss the details of your case.
    Answer Applies to: New Hampshire
    Replied: 5/31/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you are over the legal limit, it is a crime no matter how long you had stopped.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    The prosecutor must prove beyond a reasonable doubt that you were operating a motor vehicle with a BAC of .08.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    It is if you had a blood alcohol of over .08. Just being sleepy or mumbling is not grounds for a drunk driving arrest.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, it is. VC 23152(a) does not require any particular BAC level, just that you were "intoxicated" for the purpose of driving. This is especially common if you refused all chemical tests, and the cop had no direct way to determine your BAC. However, if you do end up getting charged, it should be a very defensible case for a skilled DUI attorney. Refusal cases are disliked by prosecutors because no specific BAC is involved, which makes it harder to obtain a conviction. The time of the arrest (assuming it was morning) should also help you convince the Judge/jury that your story is genuine and you are not making it up. Contact a DUI specialist immediately, because you may be required to contact the DMV within 10 days or lose your license by default.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    If the officer believed you were under the influence and you were driving. Then yes, you can be arrested for it. It is a different matter, however, whether or not there would be sufficient evidence to convict you if you are charged for DUI. You should consult with an attorney to discuss the details of your case. Then, they will be in a better position to advise you properly.
    Answer Applies to: California
    Replied: 5/31/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    It depends if the police reasonably believed you were under the influence of alcohol. You should hire a lawyer immediately. Feel free to call me.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Actually, it depends upon how much alcohol you had in your blood the following morning. If you had more than .05 or.08 blood alcohol, you could get charged. Nonetheless, I've always maintained that since there is no way to tell exactly how much blood alcohol you had at the time, the crime is unable to be properly charged. It hasn't stopped the police and DA's office, but it should in my opinion. It is not an exact "science" as the prosecution would like everyone to believe. It is a very inexact non-science that the government wants juries to believe. They shouldn't. In effect, the government has already started an advertising campaign on all the parkways saying "Don't drink and drive - it's the law!" But, in fact, that is NOT the law at all. The law is "Don't drink and drive while impaired or intoxicated" THAT'S the law, not what the government is pumping lately. Nonetheless, get yourself a good and experienced lawyer who is known for doing DWIs and fight this one. You have a real chance to win it at trial. Good luck.
    Answer Applies to: New York
    Replied: 5/31/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    No, unless you were hung over and still impaired even after sleeping for eight hours. Being impaired after sleeping for eight hours is highly unlikely, but not impossible. It would take a large amount of consumption of alcohol prior to sleeping, and perhaps delayed absorption of some of the alcohol, but it could be possible that someone could sleep for eight hours and still be impaired. However, the DA would still have to show your BAC was still over the limit, or if no testing was done, they would have to show that you were still under the influence at the time of the driving. Good luck.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There are two DUI charges - driving under the influence (at any blood alcohol level, but only if you were impaired because of the alcohol) and driving with 0.08% or more. Whether they can prove it will depend on the facts, your driving, the blood alcohol results and what can be worked out on your behalf by your lawyer. Don't miss the 10 day window to contest the automatic suspension of your driver's license. Contact a local criminal defense attorney to discuss your options and defenses.
    Answer Applies to: California
    Replied: 5/31/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    There's a huge difference between being charged with a crime and being convicted of that crime. You might be charged with anything, but convicted? Hire a lawyer.
    Answer Applies to: Alabama
    Replied: 5/31/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    It may be, but it would probably be very hard for the state to prove. Did you provide a breath sample? If so, what was the reading? Were there field sobriety tests? I strongly encourage you to retain an attorney because this seems like it may be a defensible case.
    Answer Applies to: New Jersey
    Replied: 5/31/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    It could be depending on what you blew. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about your case. We are experienced, aggressive and affordable.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    If your still impaired or over the limit, then yes, you can be charged. But that doesn't mean you will be convicted and you should seek the advice of an attorney experienced with DUI Defense.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Yes. In Massachusetts anyway, the standard is whether one is under the influence of an intoxicating beverage such that his or her ability, capacity to operate the vehicle safely has been impaired. There is no requirement that the state prove when the defendant had consumed his or her last drink.
    Answer Applies to: Massachusetts
    Replied: 5/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It would only be justified if you were still under the effect of alcohol at the time you were driving. Technically it is possible, but I find it highly unlikely. You need to get an experienced DUI attorney to review the police report and more specifically any lab results at once for any errors that could reduce or dismiss your charges. From what you've described, this seems very on the edge to me. A good DUI attorney will more than pay for himself in the amount he can save you in terms of fines, costs, probation, vehicle immobilization/forfeiture, jail, higher insurance premiums, license sanctions, etc.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    It depends. What was your b.a.c.?
    Answer Applies to: Michigan
    Replied: 7/12/2013
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whenever you are charged with "drunk driving" an experienced criminal defense attorney has a multitude of defenses he can use to vindicate you. Issues regarding your alleged level of impairment, BAC and the like and what the government can actually prove must be discussed with your attorney quickly. Since there are also implications for your driver's license, you should retain an attorney quickly.
    Answer Applies to: Hawaii
    Replied: 5/31/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    Depend on the facts. If you were still under the influence of alcohol then yes. Obviously there is a greater likelihood of being a good case for you.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The issue is simple. When you were driving, were you under the influence of alcohol. If you consume enough alcohol, you can sleep for 8 hours and still be intoxicated and unfit to drive. When you blew into the breath machine, what was your reading? Hung over doesn't mean anything. What was your alcohol concentration the morning after sleeping 8 hours? See my website.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Yes. That is legal. The police arrest based upon your blood alcohol level ("BAC") notwithstanding how long ago you drank. So, for instance, if you drink a glass of wine at 8:00 p.m. and then get stopped at 6:00 a.m. with a BAC of .01, you likely will not be arrested and charged.If you drink 12dirty Grey Goose martinis at8:00p.m. and get stopped at 6:00 a.m. with a BAC of .24, you will be arrested and charged. It is the content in your blood that makes you a danger on the road. It is admirable that you stayed at a friend's house to sober up. Hopefully your BAC will be so low the DA will refuse to press charges.
    Answer Applies to: California
    Replied: 5/31/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    You can be charged with impaired driving, without having a .08 Blood Alcohol Level.
    Answer Applies to: California
    Replied: 5/31/2011
    The English Law Firm
    The English Law Firm | Robert English
    He can certainly charge you. I would bet that you still had the objective symptoms of DUI such as bloodshot watery eyes, and odor of alcohol. However, if you were not above the legal limit and did not demonstrate impaired driving, then you have a case that could be fought.
    Answer Applies to: California
    Replied: 5/31/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    I have handled a number of cases where the person was still over the legal limit of alcohol in their system the next morning after drinking. If you drank a lot, it can take 12 or more hours to leave your body. So it is possible. Whether the right conditions existed in your case would depend on the specific facts of your case. You should consult a lawyer for sure.
    Answer Applies to: Colorado
    Replied: 5/31/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    If your blood alcohol level was above the legal limit when you where driving then the police had a right to charge you with DWI even after sleeping it off.
    Answer Applies to: New York
    Replied: 5/31/2011
    Van Der Jagt Law Firm
    Van Der Jagt Law Firm | Grant Van Der Jagt
    Yes. In Colorado, we have a statutory limit of alcohol in your breath. A burp can increase it by 50% for over 20 minutes. If you burp before the test, even if you are sober, you could blow over the legal limit and be convicted.
    Answer Applies to: Colorado
    Replied: 5/31/2011
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