In Pennsylvania, the legal blood alcohol concentration limit for drivers is 0.08%. Of course, many people go out at night and drink. The next morning, they may drive to work, the store or other places.
However, a common question arises: Can you still get a DUI the morning after drinking?
Yes, it is possible
Alcohol metabolism can determine whether you might have a 0.08% BAC or higher in the morning. When you consume alcohol, your body absorbs it into the bloodstream through the stomach and small intestine. The liver then metabolizes the alcohol at a fairly consistent rate, typically around 0.015% BAC per hour.
Timing is key
While the liver works to metabolize alcohol, the rate at which it does so can vary based on factors such as body weight, gender and overall health. Even a few hours (or more) after drinking, it is possible for alcohol to still be present in the bloodstream. This could potentially put someone over the legal limit if they decide to drive.
Legal factors can affect DUI charges
In Pennsylvania, law enforcement officers can pull drivers over at any time of the day. If an officer observes erratic driving or has reason to believe impairment, the officer can stop a vehicle and conduct field sobriety tests.
Additionally, Pennsylvania law includes a provision called the “actual physical control” statute. This means even if a person is not actively driving at the time, they can still face DUI charges if they are in physical control of a vehicle and under the influence of alcohol.
It is possible to receive a DUI in Pennsylvania the morning after drinking. Alcohol metabolism varies from person to person. Drivers need to be aware of the potential consequences of driving the morning after they have been drinking.