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Can You Get a Morning After DUI in Oakland?

Posted by Lynn Gorelick | Aug 16, 2023 | 0 Comments

After a night out drinking, you may wake up with a bad hangover. However, if you didn't give yourself enough time to recover, you may actually still be over the limit. It can be embarrassing walking into work looking hungover but it is worse to get pulled over for a DUI on the way to work. 

There are no miracle cures to make your body recover after consuming too much alcohol. If you do get pulled over on your way to work or school and are arrested for driving under the influence, your best option may be to contact an experienced East Bay DUI defense lawyer Lynn Gorelick for legal advice.

Example of a Morning After DUI

Jeremy goes to a concert at 8 pm Sunday night. Jeremy has a couple of shots before going out, to save money on drinks. Jeremy has 3 beers at the concert and leaves at 10 pm. After the concert, Jeremy goes to a friend's house and they split a bottle of wine. Before they knew it, they split 2 bottles. Jeremy crashes at his friends and falls asleep at midnight. 

The next morning Jeremy wakes up at 8 to leave for work. Even though Jeremy started drinking 12 hours earlier and got 8 hours of sleep, the blood alcohol level may still be about 0.11%, which is definitely over the limit. If Jeremy drives to work, it could mean a DUI. It may take another hour or two before Jeremy could be below the legal limit.

Alcohol Levels and Hangover Effects in the Morning

When talking about recovery, there are effects of alcohol on the body and the blood alcohol content (BAC). Drinking too much may make you feel horrible, even after the alcohol has left your body. However, how you feel and your BAC may not match up. You could feel fine and be over the limit or feel like death warmed over and have a 0.0% BAC. 

How Long Does It Take to Recover After a Night Out?

The rule of thumb is that it takes 1 hour for the body to metabolize one drink. This doesn't mean that if you have a drink you'll be back to zero after an hour. Different factors can determine how your body absorbs and metabolizes alcohol, including:

  • Hydration
  • Food in your body
  • Sex
  • Weight
  • Amount of alcohol per drink 
  • Liver health
  • Medications

To take one example, the 1 drink/hour idea is based on a standard drink:

Using the National Institutes of Health Drink Size Calculator, a 7% craft beer pint is 2 standard drinks, a half carafe of wine is 2.5 standard drinks, and a 40 oz malt liquor is 4.7 standard drinks. 

Do Hangover Cures Work to Lower Alcohol Levels?

There are other factors that can impact your BAC, alcohol absorption, and metabolization rates. First, let's get to some things that DON'T lower your BAC:

These can reduce the negative effects of a hangover but it won't sober you up. 

Drunk Driving Defense in Oakland and the East Bay

It can be difficult to know when you are above the limit, especially when you may be confusing the way you feel with a hangover. We all make mistakes and a one-time mistake shouldn't be something that ruins your life. If you were arrested for drunk driving in Oakland or the East Bay, find out about your legal defense options to avoid a criminal record.  

Call an experienced California DUI defense attorney for legal help. East Bay attorney Lynn Gorelick has more than 40 years of Oakland alcohol and drug DUI defense experience and understands the consequences of a criminal conviction. Contact East Bay DUI defense lawyer Lynn Gorelick today.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 38 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.


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