Can you be charged with a DUI for past conduct?

On Behalf of | Oct 31, 2016 | Breath Test Refusal

Imagine this scenario; you were out drinking with your friends last night. It was a boozy night, but you were responsible and took a taxi home. Now you are heading out early in the morning to work, and you get pulled over. Theoretically, some alcohol could still be present in your system, so the question is, can you be charged with a DUI? Is there a time-limit that stops officers from “reaching” too far back in time?

While the law varies, there are no time limits. The primary issue isn’t a legal one, but a factual one. The officer can administer the field sobriety test, but in the end, the main issue is what was your blood-alcohol content when she pulled you over?

There are numerous tricks to wake yourself up after a night of heavy drinking, but none of them remove alcohol from your blood, only time can do that. How long that takes depends on how much you drank, your weight, and metabolism. The average person can break down 0.02 BAC every hour, so it will take five to six hours to remove a 0.08 BAC completely.

The best advice is if you still feel the effects of the alcohol, be careful before you decide to operate a vehicle.

As you can see, the law is vague in this aspect. Most of the issues come down to whether or not the government can prove your blood-alcohol content was above the legal limit while you were operating a vehicle. For most people “sleeping it off” should clear most of the alcohol from your system but theoretically, it is possible to face DUI charges. A criminal defense attorney can help you prepare a defense to these charges; you don’t need to face them alone.

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Charles Waechter | Premium
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