Many people assume that drink driving is only a risk late at night, after a few too many drinks at the pub. But an important question, especially as we head into the busy festive season, is: “Can I still be over the limit the morning after?”
The short answer is yes, and morning-after drink driving is responsible for thousands of arrests across the UK every year.
How long does alcohol stay in your system?
Alcohol leaves the body much more slowly than most people realise. On average, the liver processes one unit of alcohol per hour, but this varies depending on weight, metabolism, food intake, medication, and even stress.
For example:
- A large glass of wine contains around three units
- A pint of lager contains two to two and a half units
- A single spirit measure contains one unit, but many home measures are double this
It’s easy to see how someone who has had six to eight drinks over an evening could still have six to ten units left in their system by morning.
Even if you’ve slept, eaten, and feel completely sober, the alcohol may still be present in your bloodstream at levels above the legal limit.
Why morning-after drink driving is more common in winter
November marks the start of the Christmas party season, after-work drinks, client dinners, and weekend celebrations.
Police forces nationwide report spikes in early-morning drink-driving arrests between November and January, and they often increase roadside checks during these months.
Dark mornings, frost, and winter driving conditions also make accidents more likely: another reason officers are more vigilant.
What are the legal consequences of being over the limit the morning after?
If you’re found to be over the legal limit the morning after, the penalties are exactly the same as if the offence occurred at night:
- A minimum 12-month driving ban
- A criminal record
- An unlimited fine
- Potential imprisonment in serious cases
- Significant increases in insurance premiums
- Impact on employment, especially for professional drivers or those requiring DBS clearance
There is no legal defence that says you “felt fine” or “didn’t realise” you were still over the limit.
How do the police test for morning-after cases?
Police can stop you at any time if they suspect careless driving, speeding, or a vehicle defect. They may also carry out planned drink-driving operations.
If they have reasonable suspicion, they can require a roadside breath test. If this test shows you are over the limit, you’ll be taken to the station for an evidential breathalyser, blood test, or urine test. These procedures apply regardless of what time of day it is.
How to avoid morning-after drink driving
- Don’t rely on “online unit calculators”. They are only estimates
- Avoid driving early the next morning after heavy drinking
- Plan transport home and the next day in advance
- If in doubt, don’t drive
When you should speak to a solicitor
If you’ve been charged with drink driving, whether at night or the next morning, legal advice is essential. A specialist drink driving solicitor can check whether police followed correct procedure, identify any potential defences, and help you achieve the best possible outcome in court.