Could You Still Be Over the Limit the Morning After?

By MAJ Law on 29 May 2025

“I Slept It Off - So I’m Safe to Drive”

It’s a common assumption: after a few drinks the night before, you get some sleep and wake up feeling fine,  so you grab your keys and head off. But could you still be over the legal limit without realising it? The answer is yes and it happens far more often than people think.

This article explores how alcohol is processed in the body, what the law says, and why even “a couple of drinks” could leave you unfit to drive the next day.

⚠️ If you plan on driving, the safest advice is simple: Don’t drink. There is no completely safe amount of alcohol when it comes to driving.

Understanding Alcohol Metabolism

How Your Body Processes Alcohol

Once you’ve consumed alcohol, your body goes through two key stages:

  1. Absorption
    Alcohol is absorbed into your bloodstream primarily through the stomach and small intestine. This typically takes around 30 to 60 minutes, though food in your stomach can slow this process.

  2. Elimination
    Your liver processes about 1 unit of alcohol per hour. One unit equals:

    • Half a pint of average-strength beer

    • A single (25ml) measure of 40% spirit

    • A small glass (125ml) of 12% wine

There is no quick fix to speed up this process. Coffee, cold showers, or “sleeping it off” won’t accelerate your liver’s ability to eliminate alcohol.

Factors That Influence Alcohol Absorption

Your blood alcohol concentration (BAC) is affected by a variety of personal factors, including:

  • Body weight and composition

  • Sex (men generally metabolise alcohol faster than women)

  • Age and general health

  • Rate and amount of consumption

  • Whether you’ve eaten

  • Stress or fatigue

  • Medications that may interact with alcohol

Because of this variability, there is no guaranteed way to calculate when you’ll be under the limit, especially the next morning.

Legal Limits: England & Wales vs. Europe

In England and Wales, the legal alcohol limits are:

Sample Type Limit
Breath 35 microgrammes per 100 millilitres
Blood 80 milligrammes per 100 millilitres
Urine 107 milligrammes per 100 millilitres

In many European countries, the blood alcohol limit is lower, typically 50mg per 100ml, and often even stricter (e.g., 20mg) for novice or commercial drivers.

The Morning After: A Risky Window

Let’s say you finish drinking at midnight and consume 8 units of alcohol. Your body won’t fully process that until roughly 8 AM the next morning. And that's under optimal conditions. If you continue drinking until 2 AM, you could still be over the limit at 10 AM or later.

Real-Life Example:

Drinks consumed: 3 pints of beer (2.3 units each) and 2 glasses of wine (2.3 units each)
Total: 11.5 units
Time finished: 11:30 PM
Elimination time: Approx. 11:30 AM the next day
Even by noon, you may still be near or above the legal limit depending on your metabolism.

Effects of Alcohol on Driving — Even Below the Limit

Even if you are technically below the legal limit, alcohol can impair your driving. Key effects include:

  • Slower reflexes and reaction time

  • Poor coordination

  • Reduced focus and concentration

  • Blurred vision or impaired depth perception

  • Overconfidence and poor decision-making

Driving under the influence (even if under the legal limit) can still be prosecuted if your driving is impaired.

Planning Ahead: Tips to Stay Safe

If you're going out and know you’ll need to drive the next day:

  • ✅ Appoint a designated driver

  • 🚕 Book a taxi or use public transport

  • 🧃 Stick to non-alcoholic alternatives (mocktails, zero-alcohol beer)

  • ⏱️ Stop drinking early in the evening

  • 🧪 Use a reliable personal breathalyser the next day — but be cautious; these can vary in accuracy

Accused of Drink Driving? You May Have a Defence

If you’re facing a drink driving charge, all is not necessarily lost. You may have a valid defence, such as:

  • Faulty or misused breathalyser equipment

  • Delays between the stop and the test

  • A genuine belief that you were under the limit

  • Medical conditions or medication that affected your reading

Get Professional Advice — Fast

Drink driving offences can lead to a driving ban, criminal record, or even prison. If you've been arrested or charged, seek legal help immediately.

📞 Speak to our specialist drink driving solicitors today. Your first consultation is confidential and without obligation.

 

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