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Specialized strategies for defending against a hangover DUI

On Behalf of | Oct 11, 2024 | Traffic Offenses And DUI

A hangover DUI refers to a situation where a driver gets charged with driving under the influence the morning after consuming alcohol. Even if someone no longer feels intoxicated the next day, their blood alcohol concentration might still be above the legal limit. 

In Illinois, this can lead to a DUI charge with serious consequences such as fines, license suspension or even jail time. In the case of a hangover DUI, though, there are unique strategies you can use to defend your driving privileges. 

Contesting BAC test results

The body continues to metabolize alcohol hours after consumption, so it is possible to argue that the test did not accurately reflect your condition at the time of driving. Testing equipment may not consider variables such as the driver’s metabolism, food intake or the time elapsed since drinking. This creates the opportunity to cast doubt on the test results themselves.

Questioning the timing of the traffic stop

In Illinois, law enforcement needs reasonable suspicion to stop a vehicle. If the stop occurred without valid cause, you have a legitimate reason to challenge the stop. An officer cannot simply stop a vehicle based on assumptions about a person being hungover. Successfully proving that it was a wrongful stop can invalidate the resulting charges against you.

Asserting a hangover without intoxication

Your behavior at the time of a traffic stop may be indicative of a hangover without there being any lingering intoxication. Hangover symptoms, like fatigue or dehydration, may cause signs of impairment unrelated to blood alcohol content. For example, swerving or slurred speech could be the result of a lack of sleep rather than alcohol. Proving that your actions were consistent with a hangover rather than intoxication could lead to a dismissal or reduction of charges.

While a hangover DUI carries the same potential consequences as any other drunk driving charge, the way you approach it might be entirely different. By using these specialized strategies tailored to your unique situation, you can more effectively protect your driving privileges.