What Happens After a DUI Arrest: Key Steps

A DUI arrest usually starts two processes at the same time: a criminal case in court and, in many states, a separate action on the driver's license. The rules, names, and deadlines differ from state to state. This page describes the usual sequence so you know what to look for in your paperwork. It does not describe any particular case.

The first hours

After a traffic stop, an officer may ask for breath or blood tests. Many states have implied consent laws. These laws generally treat agreeing to a chemical test as a condition of driving on public roads, and refusing can bring its own consequences under state law. Whatever you decide, the officer's reports and any test results will become part of the record.

After booking, a person may be released on bail or bond, on a written promise to appear, or held until a hearing. Ask for your belongings and your release papers. Keep those papers in one place. If you want to speak with a lawyer, say so clearly. Keep statements about what happened short, and avoid discussing the facts with anyone other than your lawyer.

The license notice

In many states, the officer hands you a notice, or the motor vehicle agency sends one, that may start a license suspension or an administrative hearing. These notices often include a short deadline to request a hearing. If you miss that deadline, the suspension may take effect without a hearing.

Check the date on the notice right away. Contact your state's motor vehicle agency to confirm your status and the steps required. Do not assume that a notice is only paperwork, and do not drive until you have confirmed your license status in writing.

The criminal case

The court case usually moves through a set of stages. The first appearance is often called an arraignment in many courts. At that hearing, the charges are read, you may enter a plea, and the judge sets or reviews release conditions. Between hearings, the prosecutor and defense exchange evidence, which can include police reports, video, and lab results. The prosecutor may make a plea offer. If there is no agreement, the case may go to trial.

Missing a court date can lead to a warrant, so write every date on a calendar as soon as you receive it. Keep the clerk's phone number and the courtroom number with your papers.

What a conviction can involve

Penalties vary widely. Possible results include fines and court costs, required classes or treatment programs, probation, jail time in some cases, and limits on driving. In some states, a judge may order an ignition interlock device on a vehicle. Penalties often depend on prior offenses, the measured alcohol level, and whether anyone was hurt. Some courts also offer diversion or other programs in certain cases, but eligibility rules differ by county and state.

Insurance and work

Insurance rates and employment or professional licenses can be affected by a DUI record, depending on the state, the employer, and the license involved. Some employers ask about driving records, and some jobs require a clean record to drive for work. These effects depend on local rules and personal circumstances, so they are worth raising with a lawyer early.

Questions to ask a lawyer early

• What deadlines apply to my license notice and to my first court date?
• What evidence did the officer collect, and was it recorded?
• Are there diversion or treatment options in my county?
• What penalties are possible under my state's law?
• How are fees set for a DUI case?
• Will you handle my case in the court where it is pending?

Where to get official information

The county court clerk can confirm your court date and explain the forms. The state court website and the state motor vehicle agency publish the rules for license hearings and reinstatement. For an overview of federal and state court systems, see the USA.gov courts page.

The state bar's lawyer referral service can connect you with a lawyer who practices in your area. If money is tight, a legal aid program may be able to explain your options, although criminal cases are often handled by public defenders instead.

Choosing a DUI lawyer

Ask how many DUI cases the lawyer handles in your county, whether they have experience with license hearings, and how fees work. Our DUI and DWI practice page lists lawyers by city.

Frequently asked questions

Can I drive while a license hearing is pending? Do not assume you can. Check with the motor vehicle agency or your lawyer before driving, because a suspension may take effect on a set date.

Does a DUI always mean jail? No. Outcomes depend on state law, your prior record, and the facts of the case. A lawyer can explain which outcomes are possible in your situation.

What happens if I miss a court date? A missed date can lead to a warrant and additional charges. If you cannot attend, contact the court and your lawyer before the date.

Can a lawyer help at the license hearing? In many states, yes. Ask whether the lawyer represents clients at administrative hearings as well as in court.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.