Can You Get a Day-After DUI in Utah? What Drivers Must Know

 Posted on November 21, 2025 in DUI

If you are a Utah driver, you likely assume that once you stop drinking and have slept, you are safe to drive the next morning. Unfortunately, this is not always the case. Utah’s strict 0.05 percent DUI BAC limit is the lowest in the nation, meaning drivers can still be legally impaired long after the alcohol has "worn off." This can lead to a surprising scenario known as a day-after DUI.

This occurs when a driver is arrested and charged with DUI hours after his or her last drink, often on the way to work. Knowing how a day after DUI can occur and what defenses are available is crucial for anyone facing a morning-after arrest. A knowledgeable Davis County, UT DUI lawyer can zealously defend your rights and your future if you have been charged with a day-after DUI.  

Why is Utah Especially Prone to Day-After DUIs?

Utah’s strict 0.05 percent BAC threshold makes it even more likely that a person could test at this level the morning after than in states with a 0.08 percent BAC threshold. The enhanced impairment standards in Utah, including metabolite and unsafe operation laws, criminalize driving with any measurable amount of a controlled substance or its metabolite in the body.

The metabolite law (Utah Code Section 41-6a-517) criminalizes operating a vehicle with a measurable amount of a controlled substance or its metabolite, which can result in day-after DUI charges. The metabolite law is complex and has led to unfair charges. Unsafe operation and general impairment refer to operating a motor vehicle while under the influence of a controlled substance, alcohol, or other toxic vapors to a degree that endangers the driver or others. As you might imagine, this is a fairly subjective determination for law enforcement because the officer does not need to prove that the driver was driving poorly.

The Science Behind Morning-After BAC

Alcohol leaves the body at a fairly predictable – and slow – rate of 0.015 to 0.020 BAC per hour. This means that a person who goes to bed at 2:00 a.m. with a 0.12 percent BAC could still test between 0.06 percent and 0.08 percent at 8:00 a.m. Drinks with more alcohol that were consumed later at night can actually cause the BAC level to peak after the individual goes to sleep. Fatigue, dehydration, and certain medications can further slow the elimination of alcohol, which is yet another reason why "sleeping it off" does not guarantee sobriety.

Utah’s 0.05 Percent Per Se Standard

The Per Se standard in Utah means a person with a BAC of 0.05 percent or higher is considered "per se" impaired, meaning they can be charged with DUI regardless of whether they appear visibly impaired to a police officer. There is no requirement of slurred speech or impaired driving; the BAC alone can justify a DUI arrest. An individual also does not have to actually be driving to be charged with a DUI in Utah. Simply sitting in a parked car the next morning is considered "actual physical control" of the vehicle.

Are There Defenses to a Day-After DUI in Utah?

In some cases, the timing of the BAC test can be challenged, or toxicology can be used to show that the BAC was lower while driving (a rising BAC vs. a falling BAC). A defense attorney may be able to show that the officer mistook fatigue for impairment, or that cold morning conditions affected performance on field sobriety tests. Sleep deprivation, diabetes, ketoacidosis, or certain medications may mimic impairment in some cases. The traffic stop may be challenged because there was no reasonable suspicion to pull the driver over, or the breathalyzer machine may have calibration challenges.

Contact a Salt Lake City, UT DUI Lawyer

Being arrested the morning after drinking occurs fairly frequently in Utah, thanks to the extremely low BAC limit. If you are facing a morning-after DUI, you need a highly skilled Davis County, UT criminal defense attorney from Collins Rupp, P.C.. Our attorneys will build a zealous defense on your behalf, working for the best possible outcome. Call 385-777-2753 to schedule your free consultation.