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Can you get a DWI for driving while hungover?

Waking up after a night out drinking can be painful. However, the situation can get much worse for people who drive before their blood alcohol content (BAC) is back down to zero. Drivers who get in a vehicle while hungover might receive a “day after DUI.”

Day after DUIs received their name, because they occur the next morning after a driver was under the influence of alcohol the night before. While people tend to assume that a good night's sleep is enough to reduce the body’s BAC, this is not always the case. It can take up to 90 minutes for a person’s BAC to drop to zero after one alcoholic drink. Depending on the amount of drinks you have the night before, your BAC could be much higher than you think when you start driving the next morning.

Texas takes DUI convictions very seriously. Unfortunately, the penalties for a DUI the next day are just as severe. Even a first DUI offense can cost you up to $2 thousand dollars and a six-month license suspension. The fines and jail time increase the more convictions you receive. For example, a third DUI conviction can result in a $10 thousand and up to 10 years in jail. If you know you need to drive in the morning, you might want to limit your drinks the night before.

Additionally, if you do not receive a DUI, authorities can still pull you over for distracted or reckless driving. Commonly, the symptoms of a hangover include headaches, fatigue, dizziness, vomiting, slow reaction times and inability to concentrate. These can lead to poor driving abilities that the authorities might detect as a danger to other motorists. While these convictions are not as severe as a DUI, offenders can still face fines and jail time.

DUI convictions can be devastating and have life-altering ramifications. If you have recently been charged with a DUI, consult with an experienced criminal defense attorney to discuss your options.

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