Written 8th August 2025 by Ruth Peters
A common misconception among motorists is that a good night’s sleep is all it takes to ensure they are safe to drive after a night out. However, this is not always the case. Alcohol and drugs can linger in the body well into the next day, which can potentially leave drivers at risk of committing a drink or drug driving related offence.
Drink Driving
It is a common assumption that sleeping, eating breakfast, or drinking coffee will assist in ensuring a motorist is safe to drive after a night out. The fact of the matter is that even if you do all of these things, there may still be enough alcohol in your system to put you in excess of the legal limit.
Whether a motorist will be okay to drive after consuming alcohol will depend on a number of factors including:
- The amount and type of alcohol consumed
- The time span of when consumption occurred.
- The amount of time that has been left since consumption of alcohol ceased.
- The individual’s own metabolism.
- The individual’s body weight and gender.
- Whether food was consumed alongside the consumption of alcohol.
There is no one size that fits all with alcohol absorption and elimination, as this varies from person to person. There is also no way to speed up the process of absorption and elimination of alcohol from your body. Whilst it may make you feel better, a nice breakfast or a coffee in the morning will not help the alcohol eliminate faster. The only thing that can eliminate alcohol from your system is time. Typically, whilst amounts can vary, an average person can expect to eliminate one unit of alcohol per hour. With that being said, this is a general estimate and not a guarantee.
Drug Driving
When it comes to driving with excess drugs, it is highly likely that a motorist may be over the specified limit the morning after consumption. This is because the limits set for drug driving are set at essentially a zero-tolerance level.
The most common drugs detected on motorists are Delta-9-tetrahydrocannabinol (THC) and Cocaine. THC can be detectable in a motorist’s system for a prolonged period of time, especially when the person is a heavy user. In relation to Cocaine, both it, and its metabolite breakdown Benzoylecgonine are controlled drugs and therefore if either Cocaine or Benzoylecgonine are found to be in excess of the specified limit, a charge for driving with excess drugs is likely.
As these substances can remain in a motorist’s system for varying times depending on frequency of use, amount of consumption, and the person’s individual biological factors, it is impossible to say whether a motorist would be over the limit after a night out.
How can I tell if I am over the limit?
Whilst there will be tools online that can provide guidance on the likely time it would be safe to drive, these are not 100% accurate and should be used with caution.
As there is no way to know whether you will be over the limit, it is advisable to make alternative arrangements if you need to drive the morning after a night out, as it is better safe than sorry. When in doubt, a motorist should not drive.
Consequences
If you are caught driving with a level of alcohol or drug above the prescribed or specified limit after a night out, you can expect upon conviction to face:
- A minimum of 12 months disqualification from driving.
- An unlimited fine, community order, or custodial sentence.
- A criminal record.
In more serious cases, especially when a collision or a fatality is involved, the consequences can be even more dire. Government data suggests that whilst collisions happen to a lesser extent in the morning, in 2022 approximately 670 collisions occurred between the hours of 6am and 2pm that involved drink driving. Many of these collisions were serious or involved fatalities. These figures underline that even hours after drinking has ceased, alcohol can impair a motorist’s driving ability and lead to life changing outcomes.
The police can stop you at any time and ask you to take a breath test if they think that you have been drinking.
The only way to completely eradicate the risk of being over the limit is to remain sober the night before a car journey. The number of drinks that will put you over the limit varies from person to person. This means it is also not possible to comment on exactly how quickly or slowly alcohol leaves the system.
If you fail a roadside breathalyser test the next morning after drinking, then you will likely be arrested, taken to a police station and given an evidential breath test. At this point, if it is positive, then you will be charged with a drink driving offence. Anyone who refuses to supply a breath sample without reasonable excuse can be arrested for failing to provide a specimen.
The relevant drink driving offences come under section 5 of the Road Traffic Act 1988, and these are excess alcohol (drive/attempt to drive) and excess alcohol (in charge). Even if you are caught over the limit in your car, and not actually driving it, you could still be charged with being in charge of a motoring vehicle whilst in excess of the prescribed limit.
Yes, you could lose your licence. If you are found guilty of drink driving, you may be banned from driving, fined or even sent to prison.
The maximum sentence for driving with excess alcohol is an unlimited fine and/or six months’ custody. In addition to a sentence, you may also lose your licence for at least 12 months. For excess alcohol (in charge), the maximum sentence you could face is a fine up to £2,500 and/or three months’ custody. You may also lose your licence or receive 10 points on your licence.
A conviction for driving with excess alcohol may result in you losing your licence for at least 12 months. This is because the offence carries a mandatory disqualification. The court may offer a reduced ban if the driver completes a drink-drive rehabilitation scheme (DDRS) course.
You will be likely be offered a rehabilitation course to reduce your driving ban if you are found guilty of a drink-drive offence and your ban is for 12 months or more. If completed within a certain time, your driving ban may be reduced, usually by a quarter. The course should be offered at court, where you will have to choose whether to take part in the course. This is important as you will not be able to change your mind once you have left court.
The ‘hip flask defence’ is a defence to a drink driving charge. The defence may apply in circumstances where you fail a breathalyser test due to being over the prescribed limit, however, you were not over the limit whilst driving the vehicle.
If you consumed alcohol after driving but before being tested, this could explain why your alcohol level was above the limit when tested, even though you were not over the limit while driving.
This defence is difficult to prove, as there is a presumption in law that the amount of alcohol in your breath at the time of the test is the same amount that was in your breath at the time of driving. The hip flask defence is used to ‘rebut’ this presumption. It is crucial that you instruct a solicitor if you believe this may apply to you, as Olliers may be able to assist with successfully running this defence.
The law treats drink driving the morning after in the same way as drink driving. When it comes to sentencing, this depends on the severity of the offence and is decided by the court.
A specialist drink driving solicitor may be able to help you avoid a ban. Please find link to an article which explores the defences in more depth.
At Olliers we have extensive experience successfully defending drink drive cases. We’ve helped clients avoid conviction, reduce penalties and challenge evidence including the reliability of breath, blood or urine tests as well as procedures undertaken at the hospital.
Our specialist motoring offence team have a proven track record of successfully defending drink drive cases. With the right legal team, there may be defences available to challenge the case against you. At Olliers, we take a proactive and strategic approach ensuring that every possible legal avenue is explored to achieve the best possible outcome for our client.
Whether you’re a first time-offender or facing more serious allegations, Olliers are here to guide you through the process. If you have been caught drink driving following drinking, whether night before or the same day, contact our expert team as early advice can make all the difference.
If you are convicted of driving with excess alcohol (drive/attempt to drive) for a second time within ten years of the first conviction, you will be disqualified for at least three years. The ten-year period is calculated from the date of conviction and not the date of the commission of the offence.
The disqualification will also be extended if the court imposes immediate custody.
Additionally, if you have been convicted of a drink driving offence more than ten years ago, this could still act as an aggravating factor that may increase the severity of the sentence that the court imposes.
How can Olliers help if I have been stopped the morning after?
If you have been stopped following a night out, early legal advice can make a significant difference in the end result of your case. Our expert motoring solicitors are here to help, offering confidential and professional legal support at every stage of your case.
Contact our specialist motoring team by emailing info@olliers.com or by telephoning 01618341515 (Manchester) or 02038836790 (London).
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- About the Author
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Ruth leads the business development team at Olliers across all areas of specialism. Ruth was the Manchester Legal Awards 2021 Solicitor of the Year.
She has been with the firm for more than 20 years and has an enviable level of experience across the entire spectrum of criminal defence.