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Early Morning Hours and “Still Drunk” Driving

Posted by Steven Eversole | Dec 25, 2013 | 0 Comments

Law enforcement officers are becoming increasingly aware of the threat of “still drunk” driving, targeting early morning drivers who may not have fully sobered up from the night before. In Birmingham and nationwide, checkpoints may not be set up during the hours that you suspect. Rather than a midnight checkpoint, officers are just as likely to stop you at 5 a.m. or even later in the morning to catch drunk drivers who may not realize they are still drunk the morning after. Drivers this holiday season should be aware of their own risk of “still drunk” driving and remember that law enforcement officers are on-watch.

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Drunk driving poses a serious risk to drivers and other motorists on the road. Law enforcement agencies are aggressively prosecuting drivers to stop DUI, sometimes at the risk of individual rights. Our Birmingham drunk driving defense attorneys are committed to advocating for drivers who have been arrested and charged. Our priority is to ensure that no driver is overcharged or overpenalized in a drunk driving case. While you may have been drinking, you may not have been over the limit. While you may have been over the limit, you may not deserve the penalties. Our legal team is dedicated to protecting individuals in the criminal justice system.


Law enforcement agencies in Alabama and nationwide are looking to catch and prosecute “still drunk” drivers. Investigations have shown that authorities are targeting drivers in the morning hours who may have believed that they would be okay to driver, that traffic would be less risky, or that they would not be suspected for DUI. Road checkpoints have been used in Birmingham and throughout Alabama to catch drunk drivers. Law enforcement officers plan to use road checkpoints more aggressively through New Year's and the holiday season. These roadside checks could be used at in the morning hours when drivers least expect to be pulled over.

This holiday season, remember that you can still blow over the legal limit even after you have been sleeping. More commonly, law enforcement officers are seeking to stop and arrest drivers who are still drunk from the night before. If you are planning on late partying over New Year's, be aware that you can still be pulled over and arrested in the morning. To be sure you are not over the limit, wait enough time to sober up before getting behind the wheel. You should drink plenty of water, coffee, and eat a meal to ensure that you are not still drunk from the night before.

Remember that no matter what time you get pulled over, you rights are at stake. A DUI could result in serious fines and penalties, loss of license, and jail time. An experienced advocate can review the evidence presented against you and ensure that it was legally obtained. Breathalyzer tests, field sobriety tests, and officer statements should be reviewed and challenged to ensure compliance with the law. Even if you were drinking and driving, you could face undeserved charges and penalties. It is important to have someone on your side to equal the playing field in the criminal justice system.

If you have been arrested for DUI in Birmingham, call Defense Lawyer Steven Eversole at (866) 831-5292.

More Blog Entries:
Increased DUI Checkpoints This Holiday Season, November 25, 2013, Birmingham DUI Defense Lawyer Blog
New DUI Defense: Too Drunk to be Prosecuted? Oct. 12, 2013, Birmingham Underage DUI Defense Lawyer Blog

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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