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Can you get a DUI if you are hungover?

On Behalf of | Jun 24, 2025 | Drunk Driving

Waking up with a pounding head and a dry mouth might feel like the worst part of a night out. Regardless, you may need to drive out the next morning. In this case, it is easy to assume that being hungover means the alcohol is out of your system. But that is not always true.

If your blood alcohol content (BAC) is still over the legal limit, you can be charged with drunk driving, even hours after your last drink. Hangover symptoms like fatigue, poor focus and slow reflexes can also make driving risky, even if your BAC is technically legal.

More than just a headache

Driving while hungover is not just uncomfortable, but it is also dangerous. Before getting behind the wheel with a hungover, understand:

  • Alcohol may still be in your system. It takes time for your body to process alcohol. If you drank heavily the night before, your BAC might still be high the next morning.
  • You may be impaired even if you are sober. A hangover can impact your ability to drive You might feel tired, dizzy or have trouble concentrating, all of which increase your risk on the road.
  • You can still be charged. If an officer believes you are impaired, you could face a DUI charge, even if your BAC is below the legal limit. Signs like weaving, delayed reactions or erratic driving can raise suspicion.

Everybody is different. How quickly you sober up depends on your age, weight, metabolism and how much you drank. There is no exact formula to know when you’re safe to drive.

When in doubt, wait it out. Sleep, hydrate and give your body time to recover. And, if you ever face a charge related to driving after drinking despite your best efforts, it is crucial to seek legal guidance to protect your rights.

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