Could You Still Be Over the Limit the Morning After?

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.

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).