Many DUI arrests are made in the early morning hours, such as at 2 A.M. Though this is technically the morning, many people simply think of it as a continuation of the night. They went out at 10 the night before with their friends, they left the bar at 2 A.M., and they got pulled over on the way home. It may be the next day, but they still think of it as the day they went out.
Even so, you may hear people talk about getting a “next morning DUI.” What do they mean by this?
You may not be sober after a night of sleep
What they likely mean is that you can wake up in the morning after sleeping, get in your car, head to work, and still end up getting a DUI even though you haven’t had anything to drink that day. People are sometimes arrested at 6 or 7 in the morning, thinking that they’ve done nothing wrong, but the officer still claims that they’re impaired.
This happens because your blood alcohol concentration doesn’t drop to 0.00% as soon as you stop drinking. It tends to drop by about 0.015 percent every hour. So exactly where your BAC is the next morning depends on how much you had to drink the night before – and how high your BAC got that night – and how long you were actually asleep. If your blood alcohol concentration was incredibly high or if you only caught a few hours of sleep before work, it’s very possible to still be intoxicated the next morning.
What should you do next?
It can be very jarring to get a DUI in the morning, and you know instantly that it could have negative ramifications for your career, your reputation and your wallet. Make sure you know exactly what legal options you have.