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DWI: BAC can still exceed .08 on morning following night before

Driving while intoxicated in Texas is as serious a crime, as it is in other states. However, sometimes people who think they did everything right find themselves facing charges of DWI the next day. Nothing that a driver eats or drinks afterward imbibing can remove alcohol from the blood. Only time can clear alcohol from the bloodstream.

A person may get a designated driver to take him or her home to avoid a DWI charge after a night of drinking. The next morning, one of many remedies to treat a hangover may be undertaken -- greasy breakfasts, black coffee, cold showers and more are believed to be effective. However, while these efforts may improve the morning-after feeling, they will not remove alcohol from the blood.

Each person's metabolism determines how long his or her body will take to get rid of the alcohol. Factors that play a part in this process include the volume of alcohol consumed, body weight, height and even gender. Authorities say .02 percent blood alcohol in the average person's blood breaks down in about one hour. Therefore, even if the legal limit of .08 was not exceeded, five or six hours may be necessary to be completely sober.

If that person takes to the road too soon, Texas deputies will not be interested in how many hours have elapsed since a drunk driving suspect had a drink, or how many hours the person had slept after drinking. The only matter of interest to law enforcement is the individual's blood alcohol content. Any person facing such charges may benefit from consulting with an experienced DWI defense attorney who can assess the circumstances and explain the possible defense strategies. Whatever the choice of defense, the lawyer will work on achieving the best possible outcome.

Source: FindLaw, "Day After DUI: Can You Be Charged With Drunk Driving the Next Morning?", Christopher Coble, Accessed on Nov. 19, 2016

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