Breath, Blood & Urine Testing

Can I be over .08 the next morning?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Yes. Alcohol eliminates at a roughly steady and fairly slow rate, and a heavy night can leave someone above the limit well into the following day.

Elimination is slower than most people believe, and it isn't accelerated by coffee, a shower, food, or sleep. The body processes alcohol at a broadly consistent rate, and nothing available at 6 a.m. speeds it up.

The practical arithmetic: someone who stopped drinking at 2 a.m. at a substantially elevated level can still be over the limit at 8 a.m. Morning DUI arrests on the way to work are not unusual, and the drivers involved are frequently genuinely surprised — they slept, they feel functional, and they assume that settles it.

Feeling sober and being under the limit aren't the same measurement. Tolerance affects how impaired a person feels, not how much alcohol remains in their system.

The same principle explains why a person can be arrested hours after the drinking stopped and still test above the threshold.

Sleep doesn't do what people think it does here. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.