When You Didn't Know You Were Still Over the Limit

When you didn’t realise you we’re still over the limit!

A closer look at morning-after drink driving and how to avoid common traps

It’s a situation that catches many people off guard. You’ve done the right thing—stopped drinking well before bed, had a good night’s sleep, and wake up feeling completely fine. You’re back to your usual routine and don’t think twice about getting behind the wheel. But then you’re pulled over for a random breath test and find out you’re still over the legal limit.

Take John’s story, for example: He stopped drinking at midnight and went to bed shortly after. By 8 a.m. the next morning, he was pulled over while driving to work and returned a reading of 0.06. He was shocked. He hadn’t felt impaired, and he genuinely believed the alcohol would be out of his system.

The truth is, alcohol can stay in your system much longer than most people realise. Your body processes alcohol at a steady rate, and that rate can vary significantly between individuals depending on factors like age, weight, gender, liver function, and even how much food was eaten the night before.

One of the most important things to know is that “not knowing” you were still over the limit is not a legal defence. Even if your intentions were good and you felt fine, you are still considered over the limit and can be charged with a drink driving offence.

These morning-after readings are surprisingly common and can have serious consequences - such as losing your licence, receiving a fine, or being required to install an interlock device.

The safest approach if you’ve been drinking the night before? Avoid driving the next morning altogether, especially if you’ve consumed a significant amount or finished drinking late. When in doubt, give yourself extra time or arrange alternative transport.

It’s a small precaution that can prevent a lot of unintended trouble - and help keep everyone on the road safer.

Written by: Fisher Dore

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact the Fisher Dore team.

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From Our Desk

When you didn’t realise you we’re still over the limit!

A closer look at morning-after drink driving and how to avoid common traps

Written by: Fisher Dore

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact the Fisher Dore team.

Don't take our word for it, here's what our clients say:

Fisher Dore Lawyers have to be the best criminal lawyers in Queensland.

Great law firm. Technically brilliant, and focused on achieving the outcome that the client wants... and achieving it as quickly as possible.

Excellent representation - solid advice - great outcome.

Highly recommended. Real people. Respectful.

I’ve prosecuted against Nick Dore and I’m a fan of his work. If I ever needed a Defence solicitor in my corner, I’d choose him... what can I say, the man is brilliant.

Fisher Dore are Brisbane’s best law firm. Honest, genuine and (most importantly) competent lawyers who will help you achieve justice. I give them 10/10.

Long term professional association. Established credibility and integrity. A pleasure to be involved in multidisciplinary team work in benefitting clients.

The only law firm I trust!

Friendly and professional. Highly recommend the team. Approachable and non-judgemental with a passion and extensive knowledge of what they do.

This firm was so easy to talk to, compassionate, reliable and 100% hardworking. Thanks so much.

We can't express how grateful we are for all your kindness, support and generosity during this difficult time. With sincere thanks.

Thank you Fisher Dore for all you have done to release the burden we have been living with...well done.

Just want to say thank you for all your help and effort you have put in. You go above and beyond. I appreciate everything you and your team have done for me in helping better my life!

Thanks again…for going above and beyond what I could have ever imagined. I am so grateful I can now get on the right track and move forward with my life.

Thank-you for all the hard work you have put into my case and your continued support throughout the last few months. I appreciate everything you have done for me.

Thank you for fighting for me and for doing such a great job. Please pass on my gratitude to the team.

I just wanted to put into writing, just how profoundly grateful I am for the sound advice & skilful representation you provided. The outcome you secured for me was better than I could have dared to wish for. I owe you a debt of gratitude.

I personally have known Mr Fisher for 20 years and in my opinion this firm is by far the best representation in Brisbane city and surrounding districts! My first pick always and best results from both Mr Fisher and Mr Dore and their team!! Thanks guys.

I just wanted to say thank you very much for your handling of my case. I am very pleased with the outcome as well as your professionalism in communication and encouragement in my difficult time. Once again, thank you very much.

I want to thank you for looking after us both in a legal sense and in your sense of care. This has been enormously stressful. Having your diligent professionalism was greatly reassuring.

You will always be known to me and my family as the person who gave us the biggest gift we could ever want. Thank you, thank you, thank you.

Strongly recommend if you would like the best chance at freedom.

Thank you to the wonderful and professional team at Fisher Dore Lawyers. The experience you brought to the table was nothing but excellent, achieving an amazing result.

When you want the best this is the number you call. They do it right the first time. Thanks Nick.

We cannot thank you enough for the amazing outcome; it was so much better than we could have hoped for. Having a highly skilled professional such as yourself was so beneficial, thank you again.

Professional but caring! Very informative and assisted in navigating me calmly through a very stressful situation. Very experienced. Highly recommend.

Michael is a fighter, and a winner, to say the least. Truly amazing, words cannot express my gratitude. I had a complex situation, he was able to find a way through the puzzle.

Very friendly and professional. Perfect solution for your legal difficulties.

I have found Fisher Dore Lawyers to be very professional, knowledgeable and always kept me up to date with how my case was progressing. Highly recommend them to family and friends.

Michael was very helpful and Professional in dealing with a situation my Son put himself in.Could not be any happier with the outcome.

I recently had Adam represent me for a matter, and from the very first conversation he was so reassuring and compassionate!! I couldn't be happier with the outcome, I recommend him to everyone who is in need of representation. A solid 10/10 from Me. A really good man!

Sean went over and beyond to research up to date information and resources in order to successfully represent me in court. Thank you, Sean.

Michael was very professional, reassuring and under my instruction, put my best interests first. I couldn’t be happier with the results and if for any reason my friends or family needed a lawyer, I would definitely recommend Michael.

Very helpful and professional. Highly recommend

From the first meeting with Sean he was very professional and upfront. He was thorough and explained things in great detail. All my dealings with him were simple and helpful, overall a great experience. I would highly recommend Sean.

Just a big thank you for your help. It was a great result and I thank you and Tanya for making the process an easy and positive one

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