Arrested for DUI? What Happens After a First Offense
This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.
Being arrested for driving under the influence (DUI, also called DWI or OWI in some states) is stressful, especially the first time. A first DUI usually starts two separate processes at once: an administrative case about your driver’s license, and a criminal case in court. Understanding both helps you protect your options.
The legal limit
In every state it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Utah uses a lower limit of 0.05%. Commercial drivers face a 0.04% limit, and drivers under 21 face “zero tolerance” limits that can be as low as 0.01% or 0.02%. You can also be charged with DUI below these limits, or for drugs, including some prescription medications, if your driving was impaired.
Case one: your driver’s license
In many states, an arrest for DUI, or refusing a breath or blood test, leads to an automatic administrative suspension of your license by the state motor vehicle agency. This is separate from the criminal case and can happen even if the criminal charge is later reduced or dismissed.
- Act fast. You often have only a short window, sometimes a week or two, to request a hearing to challenge the suspension. The deadline is usually printed on the paperwork you received at arrest.
- Refusing a test has consequences. Under “implied consent” laws, refusing a chemical test after a lawful arrest usually leads to a longer suspension, and the refusal may be used against you in court.
- Restricted licenses. Many states offer a restricted or hardship license, often with an ignition interlock device, so you can drive to work or school.
Case two: the criminal charge
You will receive a date to appear in court for an arraignment, where you are told the charges and enter a plea. Your lawyer will review the evidence, which may include:
- The reason for the traffic stop
- Field sobriety test results and how they were given
- Breath or blood test results, and maintenance records for the testing device
- Dashcam or bodycam video and the officer’s report
Problems with any of these, such as a stop without reasonable suspicion or a breath test device that was not properly maintained, can lead to evidence being excluded or the charge being reduced.
Possible penalties for a first offense
Penalties vary widely by state and by the facts of the case. A first DUI without injuries or aggravating factors is usually a misdemeanor and may include:
- Fines and court costs
- License suspension
- Probation
- Mandatory alcohol education or treatment
- An ignition interlock device
- Possible jail time, which is often short or suspended for a first offense
Penalties are usually more serious if your BAC was very high, a child was in the car, someone was injured, or you have prior offenses. A DUI conviction can also raise your insurance rates significantly, and some states require you to file proof of insurance such as an SR-22 form.
What to do now
- Write down everything you remember about the stop and arrest while it is fresh.
- Find the deadline for requesting a license hearing and do not miss it.
- Do not discuss the case on social media.
- Talk to a criminal defense lawyer who handles DUI cases in your county.
How a DUI lawyer can help
A local DUI lawyer knows how the courts and prosecutors in your area handle first offenses. They can request the license hearing, challenge the evidence, look for options such as diversion or reduced charges, and explain the long-term effects on your record, job and insurance. Many charge a flat fee for a first DUI case and offer a free consultation.
Find a Criminal Defense lawyer near you
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