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Does food affect intoxication?

On Behalf of | Sep 17, 2026 | DUI

To avoid DUI charges, people often consider the ways that different activities can affect their level of intoxication. For instance, someone who has been drinking enough that they worry about being over the legal limit may be tempted to eat a meal before getting behind the wheel. They think that the food is going to help sober them up, thus preventing DUI charges.

It is important to know that this is not how food affects a person’s BAC. Eating a meal is not going to lower your BAC so that you would suddenly pass a breath test.

The only thing that lowers your BAC is time. It will take you some time to go to a restaurant, order the meal, get your food and consume it, which could cause your BAC to drop marginally. But there is not going to be a dramatic impact spurred on by the food itself, so do not assume that this is a way you can sober up. You certainly could still fail that breath test.

Food can slow down intoxication

The one effect food does have is that, if you eat before drinking, it may mean that you become intoxicated at a slower rate.

The issue is simply that your body has to digest the food in your stomach. This can slow down the rate at which alcohol moves through your system and enters your small intestine to be absorbed into your bloodstream. But if you drink on an empty stomach, become highly intoxicated and then eat a meal, the alcohol is already in your system. The food will not sober you up.

If you find yourself facing drunk driving charges after a night out, be sure you fully understand all of your legal defense options.