You Slept It Off—But Are You Still Legally Drunk?

 Posted on October 15, 2025 in DUI

Most of us believe that if we come home after having a few drinks with friends and get a good night’s rest, we are safe to drive the next morning. However, under Maryland law, this may not always be the case. It can be shocking to be charged with a "morning after" DUI, which carries the same penalties as being pulled over the night before.

Whether your BAC remains above the legal limit or the residual effects result in an officer deeming your driving as impaired, you can be charged with a Maryland DUI (Section 21-902). If you are facing "morning-after" DUI charges or "standard" DUI charges, the immediate and long-term consequences can be severe, altering your ability to obtain employment or even to drive.

An experienced Silver Spring, MD DUI attorney can build a comprehensive defense on your behalf, working hard for the best possible outcome. This is not a time when you can defend yourself against DUI charges. A skilled DUI attorney knows the law relating to your charges and the best way to use the law to your advantage.

Understanding the "Morning After" DUI in Maryland

The time a person drank alcohol does not matter nearly as much as showing impairment while driving, or a high BAC reading. Since alcohol metabolizes at about 0.015 percent per hour, a person who drank heavily the night before could still be legally drunk the next morning. In practical terms, an individual who left a party at midnight with a BAC of 0.18 percent, slept for six hours, and was driving at 7:00 a.m. could still be over the legal limit.

This "residual intoxication" can affect alertness, reaction times, and coordination, just as being legally drunk the night before does. Residual intoxication is affected by whether a person eats while drinking, the individual’s weight, gender, and age, whether he or she eats once home, or continues drinking close to bedtime. While everyone metabolizes alcohol differently, the following numbers are the "average."

• Three standard drinks for a 180-lb. male = 0.06 percent BAC, with 4-5 hours necessary to reach a 0.00 percent BAC
• Five standard drinks for a 180-lb. male = 0.10 percent BAC, with 7-8 hours necessary to reach 0.00 percent BAC (could still be legally impaired after 6 hours)
• Seven standard drinks for a 180-lb. male = 0.14 percent BAC, with 9-10 hours to reach 0.00 percent BAC (could still test at 0.08 percent at 8:00 a.m.)
• 10 standard drinks for a 180-lb. male = 0.20 percent BAC, with 13-14 hours necessary to reach 0.00 percent BAC (high risk for above 0.08 percent BAC and visible impairment the next morning)

Evidence Used in Morning After DUI Charges

Standard field sobriety tests will be used to determine BAC levels for morning-after DUI charges. Unfortunately, fatigue from poor sleep can worsen performance on these tests. Breathalyzer or blood test results can determine whether a driver’s BAC is over the legal limit. The police officer’s observations (bloodshot eyes, erratic driving, the odor of alcohol) carry weight in the same way they do in a "regular" DUI.

What Are the Most Common Defenses Used in Morning-After DUI Charges?

While the exact defense will depend on the specific facts and circumstances of the case, the most common defenses for morning-after DUI charges include:

• Seeking reduced charges (a less serious DWI as opposed to a DUI) or probation before judgment
• Arguing a lack of actual impairment despite low-level residual alcohol in the system
• Procedural or constitutional errors in the traffic stop or the arrest
• The individual’s medical or metabolic conditions that affect the rate of alcohol metabolism
• Challenging the timing and reliability of the BAC test

Contact a Montgomery County, MD DUI Lawyer

Early intervention matters in these cases. Consulting with a Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC. gives you the best chance for lesser charges or even a dismissal. Our attorneys have excellent relationships with local prosecutors, are warm and compassionate, yet aggressive when necessary. Call 301-589-9500 to schedule your free consultation. We are available 24/7 and fluent in Arabic and Spanish.