Drunk driving arrests: Day after drinking DUIs in New York

Due to the time it takes for the body to get alcohol out of the bloodstream, people may be arrested for DUI the day after they consumed alcoholic beverages.

It is common for people in New York, and throughout the U.S., to occasionally consume alcoholic beverages. While this is generally not a problem, the AAA DUI Justice Link reports that more than 1.28 million people were arrested for DUI in 2012 alone. Not all of these arrests are straightforward, however. For some of these drivers, their arrests may have come as a surprise because they were pulled over the day after drinking.

Blood alcohol content level

There are a number of factors, which may impact the level of alcohol in a person's system. According to The George Washington University, this includes the following:

• A person's rate of metabolism

• The type of beverage a person consumed

• A person's weight and size

• A person's related food intake

Additionally, the amount of alcohol that a person has consumed in a given session may also impact his or her blood alcohol content level, or BAC level.

Even after people have stopped drinking, their BAC levels generally continue to rise. The George Washington University points out that it can take between 30 minutes and two hours for the body to fully absorb one serving of alcohol into the blood stream. It can take even longer for the body to metabolize alcohol, thus removing it from a person's system. As such, people's BAC levels may not peak or decrease until well after they have stopped drinking.

Only time gets alcohol out of the system

There is a common misconception that there are things people can do to sober up, or reduce the alcohol in their systems. This includes sleeping, drinking coffee, eating food, exercising and getting fresh air. While these things may help people reduce the effects of alcohol on their bodies, they cannot actually decrease the alcohol in their bloodstreams.

According to the AAA DUI Justice Link, if people have approximately two drinks an hour from 9 p.m. until 1:30 a.m., their BAC levels may not peak until 2 a.m. Should they eliminate the alcohol at an average rate of approximately 0.015 percent per hour, their BAC level will still be 0.08 percent at 7:30 a.m. This means that they could be accused of drunk driving on their way to work, the morning after a night out with friends.

Obtain legal representation

Being accused of driving under the influence of alcohol is a serious offense in New York. If convicted of DUI, people could face a range of severe penalties with potentially long-term implications. Therefore, those who have been charged with alcohol-related offenses may benefit from working with an attorney. A legal representative may help ensure their rights are upheld, as well as help them to establish a defense against the charges they are facing.