You can still be over the drink-drive limit the morning after drinking alcohol. Alcohol can take time to leave your body, so feeling sober does not necessarily mean you are legally safe to drive.
In England and Wales, the legal limit is 35 microgrammes of alcohol per 100 millilitres of breath, or 80 milligrammes per 100 millilitres of blood.
However, there is no reliable way to calculate how many drinks you can have and still be below the limit because alcohol affects people differently.
Can you still be over the limit the next morning?
Yes. Alcohol can remain in your system for several hours after you have stopped drinking. This means you could go to bed after a night out and still be over the legal limit when you get up for work the next morning.
Factors including your weight, metabolism, the amount and type of alcohol consumed and whether you have eaten can affect how alcohol is processed by your body.
There is no guaranteed calculation based simply on the number of hours you have slept. Coffee, food, showers or getting some fresh air will not reliably make you fit to drive.
What happens if you are stopped?
The police can require you to provide a roadside breath test if they suspect you have been drinking, if you have committed a traffic offence or if you have been involved in a road accident.
If you fail the roadside test, you can be taken to a police station for a further breath test. If the final result is positive, you may be charged with a drink-driving offence. Refusing to provide a specimen without a reasonable excuse can also be an offence in its own right.
What is the penalty for drink driving?
If you are convicted of driving or attempting to drive while over the alcohol limit, you could face a fine, imprisonment and a driving disqualification.
A conviction carries a minimum 12-month driving ban, although the period can be longer depending on the circumstances. A second drink-driving conviction within 10 years carries a minimum three-year disqualification.
The court considers factors including the alcohol reading and any aggravating or mitigating circumstances when deciding the sentence.
Could a morning-after conviction affect your job?
For anyone who relies on their driving licence for work, the consequences can extend beyond the court sentence.
A driving disqualification could make it difficult or impossible to carry out certain roles, particularly for professional drivers such as HGV or taxi drivers. GOV.UK also notes that employers will see a drink-driving conviction on your driving licence if you drive for work.
The financial consequences can also include increased insurance costs and other expenses associated with losing your licence.
What should you do if you are accused of drink driving?
Being caught the morning after drinking does not make the allegation less serious. If you have been arrested or charged with drink driving, specialist solicitors advice can help you understand the allegation, the evidence against you and the potential consequences.
This can be particularly important if losing your licence could affect your employment or responsibilities to other people.