Maryland prosecutors can pursue driving while impaired (DWI) charges when people drive poorly but are not over the legal limit for their blood alcohol concentration (BAC). They can also pursue driving under the influence (DUI) charges in cases involving elevated BACs and other special considerations.
A DUI is a more serious offense than a DWI under Maryland state statutes, but either charge can cause complications. Sometimes, even those who try to make safe and responsible choices, like sleeping it off after drinking, could face accusations of breaking the law, possibly even the day after they drank.
Are motorists potentially at risk of a DUI or a DWI if they get pulled over the day after they drink heavily?
Morning-after charges aren’t common, but they are possible
Anyone who hasn’t had enough time to metabolize the alcohol they consumed could fail a breath test the next time they drive. People who regularly drink may overestimate their tolerance. They may also fail to notice low-level signs of intoxication because they have become acclimated to regular alcohol impairment.
People who consume a large amount of alcohol could potentially still be near or over the legal limit even after they go home and sleep for eight hours. The body can only metabolize approximately one drink’s worth of alcohol per hour.
Excessive consumption, limited time for rest or medical challenges might mean that people wake up the next morning still technically drunk or close to the legal limit. Prosecutors could theoretically pursue DUI or DWI charges in those cases after a traffic stop involving a failed breath test.
Thankfully, there are a few defense strategies available to those accused of a morning-after DUI or DWI offense. Learning about the law could be the first step toward responding effectively to drunk driving charges.