Did you know?
You have kids in school. Kids have to be driven to school at 7am.
You go out the night before, and you consume 12 drinks. You start drinking at 10pm, and stop at 2am when the bars close. You take a cab him so you don't get a DUI. You wake up at 6:30 fell fine, with no hangover. You get the kid ready for school, and drive them.
Are you being responsible? Can you get a DUI?
Interesting question, with maybe a not-so-simple answer. This is the kind of thing that hits a little closer to home, even if many will not admit it, I would presume.
To answer your last question, if you blow over the legal limit, despite the circumstances, a DUI is still a DUI per the letter of the law. Period. The problem is how do you know if you feel fine? I'm sure most people don't give themselves a breathalizer test once they wake up the next morning, so what would the other indications be that you shouldn't get behind the wheel?
I think by the fact that one would take a cab home right after the night out is showing a great deal of responsibility, but the next morning kind of falls into a gray area that would depend entirely on the circustances upon awakening. With 12 drinks in you, and only 4 and a half hours of sleep, I think one would ruin the streak of responsibility they showed the night before by driving. That is not enough time to work that much alcohol out of your system.
Furthermore, if one has kids at home with school the next day, what the hell are they doing out drinking until 2 AM??