By Seth Anderson on May 28, 2025
Even inexperienced drivers know that getting behind the wheel while drunk creates a serious crash risk. Yet few people may realize that driving while hungover is also a dangerous idea.
Anderson & Cummings explains more about the dangers of driving with a hangover below, including why it greatly increases the risk of a serious crash in the Fort Worth area.
Injured by a negligent driver who may have been drunk or hungover? We recommend seeking legal help from one of our knowledgeable auto accident attorneys in Fort Worth. We have a history of proven results and extensive experience with all types of car crash cases. Find out how we could benefit your claim.
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Essentially, a hangover is your body’s reaction to drinking alcohol. For some people, these effects are the result of downing one or two drinks, for others, maybe more. The reason for this is that everyone responds differently to alcohol. There are many things that contribute to the individual symptoms you may experience, including how much alcohol you consumed, your height and body weight and the type of alcohol you drank. Mixing different types of alcohol, which is not a good idea, is also a factor.
Even those with a higher tolerance for alcohol may experience some or all of the following symptoms when they are hungover:
One common myth is that if your BAC returns to zero or near zero, you are good to drive. However, the National Institute on Alcohol Abuse and Alcoholism says this is when hangover symptoms are at their peak. A hangover can last for 24 hours or even longer.
How long does it take for alcohol to leave your system? It usually takes about one hour for the body to process a single standard drink; however, the complete elimination of alcohol varies depending on weight, metabolism, and overall health. According to Harmony Ridge Recovery Center, it can take anywhere from six to twenty-four hours for the human body to fully metabolize alcohol, depending on how much was consumed and individual physiological factors.
Several variables can influence how quickly alcohol leaves the system:
Drivers in Texas should be aware that even if alcohol is no longer detectable by specific tests, impaired judgment and delayed reaction times can persist longer than anticipated. This lingering impairment can significantly increase the risk of a car accident.
Getting behind the wheel a few hours after drinking or even the morning after a night of partying may seem okay. Most people think if they do not feel buzzed, their blood alcohol concentration (BAC) has returned to zero. Yet several studies show that even when your BAC is back to normal, you may not be. In fact, research shows that driving while hungover is very similar to driving with a BAC that is between 0.05 percent and 0.08 percent.
In short, what this means is that your ability to focus on the road and any potential hazards is similar to if you were driving drunk. Driving with a hangover makes driving dangerous and increases the risk of a crash in many ways, including making drivers more likely to:
Driving after consuming alcohol the previous night can create serious dangers on the road, even if the individual no longer feels intoxicated. Hungover drivers are more likely to make critical mistakes, such as failing to react quickly to sudden traffic changes, misjudging distances, or engaging in reckless maneuvers.
The key risks associated with hungover driving include:
In Texas, operating a motor vehicle with a BAC of 0.08% or higher is illegal. However, even if a driver’s BAC is lower, they may still be deemed impaired under Texas Transportation Code § 49.04. The law recognizes that any detectable level of impairment can constitute driving while intoxicated (DWI). Victims injured by impaired drivers have the right to pursue compensation for their injuries, including medical expenses, lost income, and pain and suffering.
Under Texas law, car accident victims can file a personal injury claim against the responsible driver. Holding impaired drivers accountable helps promote road safety and compensates victims for the physical, emotional, and financial damages they suffer.
People who cause a crash because they were driving while hungover are likely to be held fully liable for the damages. That said, being drunk or hungover will not automatically make any driver liable for a collision. There will still be an investigation to determine who and what led to the crash.
Additionally, if you are injured by a driver you believe was drunk or hungover, the burden of proving that driver’s negligence is on you – or your attorney. This is why it is often a good idea to speak with a lawyer after any serious traffic incident.
Even when breathalyzer tests no longer detect alcohol, the brain might still be recovering. Divided attention, speed regulation, and quick decision-making—all critical driving skills—may remain impaired long after the last drink.
When drivers underestimate how long it takes for alcohol to leave their system, they risk their lives and the lives of others. It’s not about feeling fine; it’s about being truly ready to drive.
Texas has penalties for those who drive with a blood alcohol concentration of 0.08 percent or higher. However, the law also states that if alcohol affects your ability to drive safely, you are breaking the law whether or not your BAC is at or below the legal limit.
The penalties for breaking this law are stiff, even for first-offenders. Those guilty of causing a crash while drunk or hungover as a first offender can expect to pay as much as $2,000. They will also lose their license for a year and, if convicted, spend between 3 and 180 days in jail. The penalties, fines and jail time become much greater with repeat offenses.
At Anderson, Cummings & Drawhorn, we have recovered over $100 million in compensation for injured victims in Texas. Check out the testimonies of the clients we have helped to see what they have to say about our services.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
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