Arrested for DUI? What happens next
The DUI process from arrest to court, the separate license suspension, possible penalties and how a DUI lawyer can help.
1. Arrest, testing and release
After a DUI (or DWI or OWI) arrest, you'll usually be taken for a breath or blood test, booked, and then released, sometimes on bail or your own recognizance. Under implied consent laws, refusing a chemical test after a lawful arrest usually triggers an automatic license suspension, often longer than for a failed test.
2. The license suspension (act quickly)
Separately from the criminal case, your state's motor vehicle agency can suspend your license administratively. You typically have only a short window, sometimes as little as 7 to 15 days, to request a hearing to contest it. A DUI lawyer can request this hearing and use it to examine the evidence.
3. Arraignment and the criminal case
At the arraignment you are formally charged and enter a plea. Your lawyer will obtain the evidence (police reports, video, breath machine records) and look for issues such as:
- whether there was a lawful reason for the stop;
- whether field sobriety and chemical tests were properly administered;
- breath machine calibration and maintenance records;
- your rights during the arrest.
Many cases resolve through negotiation, for example a reduced charge or a diversion program for first offenders where available. Others go to trial.
Possible penalties
Penalties vary by state and increase for repeat offenses, very high blood alcohol levels, child passengers, or accidents causing injury. They can include fines, license suspension, ignition interlock devices, alcohol education or treatment, probation, community service and jail. Higher insurance premiums usually follow.
Why hire a DUI lawyer?
DUI law is technical, and outcomes often turn on procedural details. A local DUI lawyer knows the courts, prosecutors and diversion options where you live. Many offer free consultations and flat fees.
Frequently asked questions
Will I go to jail for a first DUI?
It depends on your state and the circumstances. Some states have mandatory minimum jail time even for first offenses, which may be served as alternatives such as home detention. Others don't require jail for a basic first offense.
How long does a DUI stay on my record?
Often for many years, and in some states permanently for sentencing purposes. Some states allow expungement or record sealing after a waiting period.
This guide is general information about US law, which varies by state, and is not legal advice. Laws, fees and procedures change, so check the latest official sources or speak to a qualified lawyer before you act. How we write our guides.