Morning-After DUIs: What “Hang Around” Charges really mean in Arizona
Morning After DUIs
Most people think DUI charges only happen when someone is actively out drinking and driving late at night.
A surprising number of Arizona DUI arrests happen the morning after, when someone wakes up, feels “okay,” gets behind the wheel, and then suddenly finds themselves in handcuffs.
At the R&R Law Group, we call these cases “hang-arounds.” Why? Because they’re not traditional hangovers. The issue isn’t that you feel hungover, it’s that alcohol is still hanging around in your system from the night before.
Why Morning-After DUIs Happen?
We frequently talk to clients who tell us a similar story:
- They were drinking late into the night, sometimes until 3 or 4 a.m.
- They slept a few hours, woke up early, and assumed the alcohol had worn off.
- They drove somewhere, got pulled over, and found out they were still legally intoxicated.
This scenario is very common. Your body eliminates alcohol slowly and depending on how much you drank, even a full night’s sleep might not be enough to sober up.
Yes, You Can Get a DUI With a Hangover
Arizona DUI laws are strict, and an officer can investigate and arrest you even if:
- You don’t feel drunk
- You feel “just tired”
- You only had a few hours of sleep
- You thought you were safe to drive
In a hang-around DUI, officers may conduct the same investigation as any other DUI:
- Field sobriety tests
- Portable breath tests (PBT)
- Questioning about where you were and how much you drank
And here’s the important part: you do not have to participate in most of it.
What You Should Not Do During a Morning-After DUI Stop
Just like any DUI investigation, protect yourself by remembering:
- Do NOT blow into the portable breath test (PBT) on the side of the road.
- Do NOT perform field sobriety tests.
- Do NOT admit to drinking the night before.
- Do NOT answer questions about how much you slept or when you last drank.
Instead:
- Politely say you are choosing not to answer questions.
- Provide license, registration, and insurance when asked.
- Stay calm and respectful.
These simple steps prevent you from giving the state unnecessary evidence.
Defenses for Morning-After DUI Charges
Hang-around DUIs often come with strong defense options, especially with expert witnesses. Some strategies include:
- Challenging the timeline of alcohol absorption and elimination.
- Demonstrating that your blood alcohol content (BAC) was rising or falling.
- Attacking the reliability of field sobriety tests when someone is tired, not drunk.
- Arguing testing irregularities or police procedure errors.
Every case is different, but morning-after DUIs are very defendable with the right expert analysis.
Why You Need an Experienced DUI Attorney
These cases are technical. Prosecutors may assume you were drunk at the time of driving simply based on a later BAC reading and that assumption can be wrong. An experienced DUI defense attorney can break down the science, challenge police conclusions, and protect your rights.
At R&R Law Group, we handle hundreds of DUI cases and know exactly how to fight hang-around charges.
Facing a Morning-After DUI? We Can Help.
If you were arrested after waking up and driving the next morning, don’t panic and don’t navigate this alone. Arizona’s DUI laws are tough, but hang-around cases often come with powerful defenses. Contact the R&R Law Group today for a free case evaluation. We’re here to help you through every step!
