"Day After" DUI: Can I Be Charged with a DUI the Next Day?

 Posted on August 15, 2025 in DUI Charges

Most of us assume we can only be charged with DUI after being stopped while driving and tested. In the state of Maryland, you can face DUI charges even the next day, long after you think you have sobered up. Alcohol can stay in your system for a considerable length of time, and your BAC could be over the legal limit even the morning after a night of drinking. The "day after" DUI catches many Maryland drivers by surprise.

While DUI charges (Section 21–902) are typically filed shortly after an alleged offense, it is not uncommon for charges to be filed the following day or even later, depending on the specific circumstances. "Day after" DUI charges can occur due to a delayed investigation, an accident report, or reports from witnesses, and the legal consequences can be just as severe as if you were pulled over the night before. An experienced Howard County DUI lawyer can help you sort out the details of a "day after" DUI, building a strong defense on your behalf.

Understanding Maryland’s DUI Laws

In Maryland, as in every state in the U.S. except Utah, the legal BAC limit for DUI is 0.08 percent. Those with a lower BAC can potentially be charged with DUI if impairment can be shown. Although the terms "DUI" and "DWI" are often used interchangeably, they are two separate offenses in Maryland, differing in severity and penalties.  

A driver with a BAC between 0.07 and 0.08 percent will be charged with a DWI. Penalties for a DWI include up to 60 days in jail, a potential license suspension, and eight points on the driver’s license. A BAC of 0.08 percent or higher will result in a DUI charge. Penalties for a DUI conviction include up to one year in jail, 12 points on the driver’s license, and a possible license revocation for up to six months. DUI is a more serious offense with harsher penalties than DWI.

How Alcohol Can Linger in the Body

The average alcohol elimination rate is 0.015 percent BAC per hour, although there are factors that can slow alcohol metabolism. These factors include:

• Gender (Women usually have a higher BAC than men after consuming the same amount of alcohol)
• Older adults and younger individuals may metabolize alcohol more slowly, as compared to young and middle-aged adults.
• Adults with less body mass or a higher proportion of body fat can experience a higher BAC after drinking.
• Eating a meal high in fat or protein slows the absorption of alcohol into the bloodstream.
• Dehydration can impair liver function and slow alcohol metabolism.
• Severe fatigue can make the liver less efficient at processing alcohol.
• Certain medications interact with how the body processes alcohol.
• Certain conditions, particularly those associated with the kidney, liver, or stomach, can make it more difficult for the body to process alcohol.  

"Day After" DUI Scenarios

A person who had too much to drink the night before may wake up the next morning ready to go about his or her regular day. Then, during the morning commute or after meeting friends for breakfast, he or she is stunned to be arrested for DUI. A field sobriety test may show that the individual still has a BAC high enough to be charged with DUI, or there may have been video or witnesses to the individual’s impaired driving the night before. If the driver caused an accident, the evidence surrounding the accident could support DUI charges.

Contact a Baltimore County, MD DWI/DUI Lawyer

Whether you are charged with a "day after" DUI or DWI or were charged in the more traditional manner, having an experienced Frederick County, MD driving under the influence attorney from Law Offices of Mallon Snyder can make a difference in the outcome. Attorney Snyder will challenge BAC test accuracy and timing, and question whether the BAC was actually above the legal limit while driving. He has more than 45 years of legal experience and is well-known for helping clients with personal coaching and trial prep. Call 301-762-7500 to schedule your free consultation.