A jogger was struck and killed around 8:30 AM in the Methuen area of Massachusetts on Friday, leading to a motor vehicle homicide charge.

23-year-old David Diaz was admitted to the hospital for minor injuries after colliding with a jogger on Lowell Ave. The victim has been identified as Lay Bou, 56. Bou was also taken to the hospital after the accident, but he did not survive his injuries. Diaz was later arrested in the hospital.

Diaz will face up to 15 years on the felony motor vehicle homicide charge. It is unclear whether Diaz was drinking the morning prior to the accident. In many similar cases, residual alcohol in the blood stream from a previous night out can be sufficient to distract the driver and cause impairment. 

It takes about one hour to process one drink, which is equal to one beer, one shot or one glass of wine. If an average size person consumes 5 mixed drinks from 8PM to midnight, he or she may actual be drinking the equivalent of 10 drinks, which could take 10 hours or longer to pass through the bloodstream. Using that logic, it makes sense a number of young people would be impaired the morning after a night out. 

Even considering this possibility, the law does not distinguish between drinking then driving and drinking, sleeping then driving. Even if Diaz had not consumed any alcohol on the day of the accident, if his BAC was over the legal limit at the time, he may be convicted of DWI.