Can I Get a DUI the Morning After?

Posted by Richard Lawson | May 16, 2018 | 0 Comments

The short answer is “yes.” You can get a DUI the next morning.

Many people believe they can sober up the morning after and that they are not in danger of receiving a DUI. While some people can go out drinking the night before and are fine the next day, that is not always the case. Some people could still be guilty of DUI the morning after. It is not about how long it has been since you last drank but how long it takes your body to metabolize alcohol. 

Here are some steps people think help them “sober up” after a night of drinking:

  • Drinking a large cup of coffee
  • Taking a cold shower
  • Drinking energy drinks
  • Eating a large amount of food
  • Eating greasy or fatty food 

However, these are all myths. There is nothing you can do to speed up the process of your liver breaking down the alcohol in your blood. Food may slow absorption, thereby slightly decreasing a person's maximum blood alcohol level. However, the key word is "slightly." Studies have shown that food consumption does not significantly decrease a person's B.A.C.

The average human body metabolizes one drink per hour. Let's take a look at this example:

Brad and Jim go out for some drinks around 10:00 pm. They get to the bar and consume four beers and three shots each. They do not leave the bar until 2:00 a.m. Each of them consumed seven drinks. Using the average, it will take about 7 hours to rid their systems of alcohol. 

Brad and Jim will likely have alcohol in their systems until 9:00 a.m. If they decide to go to breakfast at 8:00 a.m., they run the risk of being pulled over for DUI. 

The example with Brad and Jim also assumes drinking about one drink per hour.  If they did the majority of the drinking near the time they were leaving, their perspective B.A.C. would have been significantly higher the next morning.

So What Are My Options?

If you were drinking heavily the night before, your best option is to stay home in the morning. Wait for more than the one hour per drink rule before attempting to drive to be safe. The alternative is to use a ride-sharing service such as Uber and Lyft. There is no reason for you to risk getting a DUI the morning after. 

Instead of worrying about how to sober up, pay attention to how much you are drinking. Count your drinks and space out your drinks. Instead of taking shots, stick with drinks that take more time to consume, such as beer or wine. 

The Law Office of Richard Lawson thinks the best option is never to drink and drive no matter how much or little you have been drinking. It protects you and everyone around you. However, if you have been drinking, have a friend drive you home or take advantage of ride-sharing available to you. 


Never rely on online alcohol calculators, smart-phone apps, or portable alcosensor devices to determine your level of alcohol impairment. The problem is that those devices (when working) provide a blood alcohol level at a moment in time. If you have been drinking, your B.A.C. may be rising. Your breath-testing device will only give you a reading at the moment you take the test. Unless, by coincidence, your reading has reached its maximum B.A.C., then the reading may still be rising. The result is a false sense of security and unnecessary risk-taking.

Contact Us:

If you have been charged with a DUI the morning after or any other time, contact our offices today. We have over 50 combined years of DUI defense experience in Georgia. Our expertise is unparalleled. Call now and see for yourself how we can help you today. Our office is open 24 hours a day, 7 days a week so that whenever you need us, we are available to you. Contact a top-rated Georgia DUI Lawyer today.

Never forget that you can get a DUI the morning after.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!