Can You Get a Hangover DUI the Day After Drinking? 

 Posted on October 11, 2023 in Criminal Law

Driving under the influence (DUI) is a serious offense as it can have serious consequences for both individuals and the community at large. In Illinois, DUI laws are stringent, and offenders can face harsh penalties. However, what many people may not realize is that even the morning after a night of heavy drinking, they may still be considered DUI offenders under certain circumstances. This is a phenomenon known as a “hangover DUI.” If you are facing charges related to a hangover DUI, a lawyer may be able to help.

Defining a Hangover DUI

Also known as a “morning-after DUI” or “next-day DUI,” it occurs when a person operates a vehicle with a blood alcohol concentration above the legal limit, typically 0.08 percent, even after the immediate effects of alcohol have worn off. In other words, if a person still has alcohol in their system from the previous night’s drinking, they can be charged with a hangover DUI.

Legal Basis and Penalties

In Illinois, the law prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs. The state’s DUI laws do not differentiate between alcohol consumption immediately prior to driving and alcohol consumed the night before. If a person’s BAC is over the legal limit, they can be charged with DUI, regardless of when the alcohol was consumed. 

The penalties for a hangover DUI in Illinois are similar to those for other DUI offenses: fines, license suspension, mandatory alcohol education programs, community service, and even potential jail time. The severity of the penalties can vary depending on factors such as prior DUI convictions, the level of BAC, and whether accidents or injuries can occur. 

Defenses to Hangover DUIs

While the law treats hangover DUIs seriously, there are several potential defenses and mitigating factors that can be considered during legal proceedings. These may include challenging the BAC test’s accuracy, questioning the traffic stop’s legality, or arguing for leniency based on individual circumstances.

Contact a Naperville, IL Criminal Defense Lawyer

Ultimately, a hangover DUI is a legal concept that extends the boundaries of traditional DUI laws. It serves as a reminder that alcohol can impair judgment and coordination long after the immediate intoxication has worn off. If you find yourself facing a hangover DUI charge in Illinois, seeking legal counsel is essential. If you have been arrested for DUI, contact the skilled DuPage County, IL criminal defense attorney with Appelman Law LLC. Call 630-717-7801 for a free consultation.