How Long Does Alcohol Stay in Your System?
The human body processes alcohol at an average rate of approximately one unit per hour. However, this rate varies significantly between individuals depending on weight, sex, age, liver function and whether you have eaten recently. There is no reliable way to accelerate this process.
A bottle of wine contains approximately 10 units and a pint of strong lager approximately 3 units. If you consume 10 units during an evening, it could take over 10 hours for your body to eliminate all the alcohol. This means that alcohol may still be present in your system well into the following morning or afternoon.
Sleep does not speed up alcohol metabolism. Your body continues to process alcohol at the same rate whether you are awake or asleep. A common misconception is that a good night's sleep or a strong coffee will make you safe to drive the following morning.
Can You Be Over the Limit the Morning After?
Yes. It is entirely possible to be over the legal limit the morning after a night of drinking. This is one of the most common ways people are caught drink driving. Many drivers assume that sleeping overnight has eliminated the alcohol from their system, but this is frequently not the case.
If you drink heavily in the evening, you may still be over the legal limit of 35 micrograms in breath the following lunchtime. Police frequently target morning commuters with roadside breath tests, and morning-after drink driving accounts for a significant proportion of drink driving arrests in the UK.
Morning After Drink Driving Penalties
The penalties for morning-after drink driving are identical to those for any other drink driving offence. The court does not distinguish between drinking and driving immediately afterwards and driving the following morning while still over the limit. The offence is the same under section 5(1)(a) of the Road Traffic Act 1988.
You face a minimum 12-month driving ban, an unlimited fine and up to 6 months' imprisonment. You will receive a criminal record and between 3 and 11 penalty points. The severity of the penalty depends on the level of your reading and any aggravating or mitigating factors.
The fact that you did not intend to drive while over the limit is not a defence. However, it may be relevant mitigation at sentencing. The court may take into account that you made efforts to leave time between drinking and driving, even if those efforts were insufficient.
How to Avoid Morning After Drink Driving
The only certain way to avoid morning-after drink driving is to ensure enough time has passed for all alcohol to leave your system. As a rough guide, allow at least one hour per unit of alcohol consumed, plus an additional hour for the alcohol to be absorbed into your bloodstream. If in doubt, do not drive.
Plan ahead. If you know you will be drinking in the evening, arrange alternative transport for the following morning. Consider using public transport, a taxi or getting a lift. Do not rely on home breathalyser kits, as they are not accurate enough to determine whether you are below the legal limit.
What to Do If You Are Charged
If you are charged with morning-after drink driving, contact a specialist solicitor immediately. Your solicitor will review the evidence, including the time between your last drink and the breath test, and advise on the strength of the prosecution case. In some cases, there may be scope to challenge the reading based on rising blood alcohol or other technical arguments.
Your solicitor will prepare mitigation for your sentencing hearing, including evidence that you believed you were under the limit and had taken steps to avoid driving while impaired. This mitigation can be effective in reducing the length of the ban and avoiding a custodial sentence.