If you like to drink alcohol, there may be days when you consume far more than usual. Perhaps you bump into a friend you have not seen for ages. Maybe you head out to celebrate your team’s victory, or perhaps you attempt to drown your sorrows after your spouse files for divorce.
There is nothing illegal about any of that, provided you are over 21, have no restrictions on drinking due to probation or parole and do not attempt to drive. Yet many people forget they could still be breaking the law if they take the car the following day.
The police do not care when you drink the alcohol
You could face drunk driving charges the morning after if the police notice you driving in a way that suggests you are affected by alcohol. Or if a test finds you still have too much in your system to be driving.
While they might be sympathetic to your explanation about having a big night and thinking it would be out of your system by now, they will still charge you if your current state gives them a reason to do so. That’s their job.
It’s your attorney’s job to help you escape charges or minimize them
A judge may take into consideration that you did not set out to drive while drunk, but if they agree you broke the law, they will still convict you unless you can give them a legal reason not to. Getting legal help to find one will be crucial to fighting a DUI charge. Possible options include showing the police made procedural errors or that their method of testing you was inaccurate.