You spent a night out drinking with friends. Did you know you could still be drunk in the morning? It’s true. Alcohol can stay in your system for hours, even after your last drink. And if you don’t wait long enough before driving, you could be pulled over and charged with DUI in California. Any drunk driving charge is serious, but you don’t have to face this problem alone.

Talk to an Oakland DUI attorney from Lamano Law Office right away. We can give you peace of mind and top-quality legal advice during this scary time. Call or contact us today for a free consultation.

Can You Still Be Drunk the Morning after Drinking?

Research shows most people digest alcohol at a rate of about one drink per hour. If you have eight drinks between 10 p.m. and 2 a.m., you could still have alcohol in your system at 6 a.m. If you choose to drive and get stopped by the police, you could be arrested for a DUI if they believe you show signs of impairment.

Common Myths About Drinking and Driving

There are a lot of myths about how to get sober after a night of drinking. Unfortunately, there is no easy way to become less drunk other than waiting for time to pass.

Here are some of the most common myths about drinking and driving:

Caffeine can help you sober up faster – Caffeinated drinks like coffee can mask the effects of alcohol. But they do not change how fast your body absorbs it. Once the caffeine wears off and your energy levels crash, you may feel drunker than you did before.
Food helps you absorb alcohol more quickly – Eating can make the effects of alcohol less severe but has no impact on how fast your body processes alcohol.
Splashing water on your face or driving with the window down will sober you up – While these actions might make you feel less drunk, they do not affect your actual level of intoxication.

Since every person is different, their bodies may process alcohol at different rates. Your intoxication may also vary depending on the type of alcohol you drink. But alcohol can still appear in urine tests up to 12 hours after consumption, so you must be especially careful after drinking heavily.

Making Plans for a Safe Night Out

Planning ahead is the best way to avoid getting a DUI when you go out drinking. Choose a designated driver or have money to pay for a taxi or a rideshare service when it’s time to go home. Whatever you do, don’t get behind the wheel. The cost of a taxi or Uber is minimal compared to what could happen if you are charged with drunk driving.

Taking Alternative Transportation in the Morning

If you go to bed after drinking and must work in the morning or run errands, find a way to get around without driving. Ask a friend or family member to give you a ride. Call a taxi or rideshare service. Even if you feel fine, you could still have alcohol in your system, which can affect your driving skills more than you think.

What to Do if You Get Pulled Over

If you are pulled over the morning after drinking, follow the police officer’s instructions, but give them as little information as possible. If you have never been arrested, or are not on probation, you have a right to refuse the Preliminary Alcohol Screening test which is generally administered on the side of the road where you are pulled over. Police often use the results of that test to arrest you after the machine shows you have alcohol in your system. The caveat is that if don’t blow into the device, the police may automatically take you into custody and ask you to blow into a larger device at the jail or ask you to take a blood test. That second test (not the PAS) is required by the DMV if you don’t want to lose your license. While you don’t have a duty to blow into the second device, the DMV can deem your case a refusal and suspend your license for up to a year.

Remember, anything you say can be used against you. Write down all the details you remember from the traffic stop later, especially while it’s fresh in your mind, and call a DUI lawyer in California immediately to protect your rights.

If You Get Arrested for Drunk Driving, Call Lamano Law

The Oakland DUI attorneys at Lamano Law Office can help if you have been accused of drunk driving. Our legal team has the skills and resources to investigate what happened and represent you effectively in court so you can move on with your life. Contact us today for a private case review with a trusted California DUI lawyer.

You can also explore these helpful videos where we go over first offense DUI details.