What to Do After a First DUI Arrest

A first DUI (called DWI or OWI in some states) is stressful, but most first-time cases follow a predictable path. The most important thing is not to miss the early deadlines.

1. Check the license deadline first

A DUI arrest usually starts two separate cases:

• The administrative license case with your state's motor vehicle agency. If you failed or refused a chemical test, your license can be suspended automatically. In many states you have only a short window, often 7 to 30 days, to request a hearing to challenge it. Miss it and the suspension usually takes effect.
• The criminal case in court, which decides guilt and criminal penalties.

Your arrest paperwork or temporary license usually explains the deadline. Treat it as urgent.

2. Understand the charge

Every state makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher; Utah's limit is 0.05% (NHTSA). You can also be charged for being impaired by alcohol or drugs at any BAC. Refusing a breath or blood test triggers penalties under implied consent laws, usually a longer license suspension (Cornell LII).

3. Write down what happened

While you remember, note: why you were stopped, what you ate and drank and when, field sobriety tests, what the officer said, where and when the breath or blood test happened, and any witnesses or cameras. Details like the reason for the stop and how tests were given can matter.

4. Typical first-offense penalties

Penalties vary widely by state, but a first DUI with no injuries is usually a misdemeanor that can bring:

• Fines and court costs
• License suspension, sometimes with a restricted license for work
• Probation
• Alcohol education or treatment
• An ignition interlock device, which many states now require
• Possible short jail time, which is sometimes mandatory
• Higher insurance costs and a requirement to file proof of insurance (SR-22) in many states

Aggravating factors such as a high BAC, a child in the car, or a crash with injuries increase penalties. See DUI with injury.

5. Do you need a lawyer?

For a first DUI, a lawyer can check whether the stop and tests were lawful, handle the license hearing, look for diversion or reduced charges in states that allow them, and negotiate a plea. Many people find the cost worth it because of the long-term effects on jobs, insurance and travel. If you cannot afford one, ask the court about a public defender; see do public defenders do a good job.

6. Do not make it worse

Do not drive if your license is suspended; it is a separate crime. See driving with a suspended license. Go to every court date and follow any bail conditions.

Find criminal defense lawyers near you who handle DUI cases.

Sources

1. NHTSA: Drunk driving
2. Cornell Law School LII: Driving under the influence
3. Cornell Law School LII: Implied consent