- A DUI is a criminal charge, not just a traffic ticket, and it can affect your record, finances, and future for years if not handled carefully.
- The DUI process begins the moment you’re pulled over, and everything you say or do during the traffic stop can be used as evidence later in court.
- Field sobriety tests and breath tests play a major role, and refusing or failing them can lead to immediate consequences, including license suspension under implied consent laws.
- Your criminal case and your driver’s license case are separate, meaning you can lose your license through a DMV hearing even if your court case is reduced or dismissed.
- Missing the deadline to request a DMV hearing can trigger automatic penalties, making early action one of the most critical steps after a DUI arrest.
- Many DUI cases are resolved before trial through negotiations or plea deals, especially when legal issues exist with the stop, testing, or evidence.
- The long-term impact of a DUI often extends beyond court penalties, including higher insurance costs, employment challenges, and lasting effects on your driving and criminal records.
Getting arrested for driving under the influence (DUI) can feel overwhelming, confusing, and frightening—especially if it’s your first encounter with the legal system. Many people assume a DUI is just a traffic ticket, but in reality, it’s a criminal charge that can follow you for years. Understanding what happens when you get a DUI from the moment you’re pulled over to your court date can help you make better decisions, protect your rights, and reduce long-term damage.
This guide walks you through the DUI legal process step by step, explaining what typically happens, what choices you may face, and why each stage matters.
What Happens When You Get a DUI During the Traffic Stop?
Most DUI cases begin with a routine traffic stop. A police officer must have a legal reason to pull you over, such as speeding, swerving, running a red light, or a broken taillight.
Once the officer approaches your vehicle, they’ll start observing you closely. They are trained to look for signs of impairment, including:
- Smell of alcohol or drugs
- Slurred or slow speech
- Bloodshot or watery eyes
- Confusion or delayed responses
- Open containers in the car
The officer may ask basic questions like where you’re coming from or whether you’ve been drinking. These questions are not casual—they’re designed to gather evidence.
Do You Have to Answer Questions During a DUI Stop?
You are generally required to provide basic information, such as your driver’s license, registration, and proof of insurance. However, you usually have the right to remain silent when it comes to questions that may incriminate you.
Knowing what happens when you get a DUI includes understanding that anything you say during the stop can be used against you later in court.
What Are Field Sobriety Tests and Do You Have to Take Them?
If the officer suspects impairment, they may ask you to perform field sobriety tests. These tests are designed to assess balance, coordination, and mental focus.
Common field sobriety tests include:
- Walk-and-turn test
- One-leg stand test
- Horizontal gaze nystagmus (eye movement test)
In many states, these tests are voluntary. Refusing them may not be illegal, but it can raise suspicion and lead to arrest anyway. Officers often use your performance as evidence of impairment.
What Happens When You Get a DUI and Are Asked to Take a Breath Test?
After or instead of field sobriety tests, the officer may request a breath test using a handheld device. This measures your blood alcohol concentration (BAC).
Most states have an implied consent law, meaning that by driving, you’ve agreed to submit to chemical testing if lawfully arrested. Refusing a breath test can result in immediate penalties, such as license suspension.
Typical BAC limits include:
- 0.08% for drivers over 21
- 0.04% for commercial drivers
- 0.02% or lower for underage drivers
What Happens When You Get a DUI Arrested at the Scene?
If the officer believes there is probable cause, you will be placed under arrest. This is when the situation becomes more serious.
After arrest, you may experience:
- Being handcuffed
- A search of your vehicle
- Transportation to a police station or jail
At this point, your freedom is temporarily restricted, and the criminal process officially begins.
What Happens at the Police Station After a DUI Arrest?
Once at the station, officers will continue gathering evidence. This may include:
- A more accurate breath test or blood test
- Fingerprinting and photographing
- Completing arrest paperwork
You may also be placed in a holding cell until you sober up. Depending on the circumstances, you could be released within a few hours or held longer.
What Happens When You Get a DUI and Take a Blood Test?
If a breath test is unavailable or refused, police may request a blood test. Blood tests are typically more accurate but take longer to process.
Blood samples are sent to a lab, and results may not be available for weeks. These results often play a major role in the prosecution’s case.
Can You Be Released After a DUI Arrest?
In many cases, yes. After booking, you may be:
- Released on your own recognizance
- Required to post bail
- Released to a sober adult
Your release conditions may include restrictions on driving or alcohol use.
What Happens When You Get a DUI With Your Driver’s License?
One of the most misunderstood parts of the DUI process involves your driver’s license. The criminal case and the license case are separate.
Immediately after arrest, an officer may confiscate your license and issue a temporary driving permit. This permit is usually valid for a limited time, such as 7–30 days.
What Is a DMV DUI Hearing and Why Is It Important?
You typically have a short window to request a DMV or administrative hearing. If you miss this deadline, your license suspension may automatically go into effect.
At the DMV hearing, the focus is on:
- Whether the stop was lawful
- Whether you were legally arrested
- Whether you refused or failed a chemical test
This hearing is independent of your court case, and you can lose your license even if your criminal charges are later reduced.
What Happens When You Get a DUI and Don’t Request a DMV Hearing?
Failing to request a hearing usually results in:
- Automatic license suspension
- Limited or no driving privileges
- Higher reinstatement costs later
This is one of the earliest decision points where legal advice can make a big difference.
When Do DUI Charges Become Official?
After your arrest, the prosecutor reviews the police report and evidence. If they decide to proceed, formal charges are filed.
You will receive a notice to appear in court, often called a summons or citation. This document includes your first court date, known as the arraignment.
What Happens When You Get a DUI at the Arraignment?
The arraignment is your first official court appearance. It is usually brief and procedural.
During the arraignment:
- The judge reads the charges
- You enter a plea (guilty, not guilty, or no contest)
- Bail conditions may be reviewed
- Future court dates are scheduled
Most people plead not guilty at this stage, even if they plan to negotiate later.
Should You Hire a Lawyer Before or After Arraignment?
Understanding what happens when you get a DUI includes knowing that hiring a lawyer early can be beneficial. An attorney can:
- Review police reports for errors
- Challenge illegal stops or testing
- Represent you at DMV hearings
- Negotiate reduced charges
Waiting too long may limit your options.
What Happens During the DUI Pretrial Phase?
After arraignment, your case enters the pretrial phase. This is where much of the legal work happens.
Pretrial activities may include:
- Evidence exchange (discovery)
- Filing motions to suppress evidence
- Negotiations with the prosecutor
- Court conferences
Many DUI cases are resolved during this phase without going to trial.
Can DUI Charges Be Reduced or Dismissed?
Yes, depending on the facts of the case. Charges may be reduced if:
- The stop was unlawful
- The breath test was improperly administered
- Evidence handling was flawed
- BAC results are questionable
Common reduced charges include reckless driving or wet reckless, depending on state law.
What Happens When You Get a DUI and Accept a Plea Deal?
A plea deal is an agreement to plead guilty to a lesser charge or accept reduced penalties.
Plea deals may result in:
- Lower fines
- Shorter probation
- Reduced jail time
- Avoiding a trial
While not always ideal, plea deals often limit risk and uncertainty.
What Happens If a DUI Case Goes to Trial?
If no agreement is reached, your case may go to trial. Trials can be bench trials (judge only) or jury trials.
During a DUI trial:
- The prosecution presents evidence
- Officers and experts may testify
- The defense challenges evidence and credibility
- A verdict is reached
Trials can be time-consuming, expensive, and unpredictable.
What Happens When You Get a DUI and Are Convicted?
If you are convicted, the case moves to sentencing. Penalties vary widely depending on state law and case details.
Common DUI penalties include:
- Fines and court fees
- Probation
- Alcohol education programs
- License suspension or revocation
- Ignition interlock device installation
- Jail time in some cases
What Happens When You Get a DUI as a First-Time Offender?
First-time DUI penalties are often less severe, but they are still significant.
You may face:
- Several months of probation
- Mandatory DUI classes
- License suspension with restricted driving options
- Increased insurance rates
A first offense can still impact employment and background checks.
What Happens When You Get a DUI With Aggravating Factors?
Penalties increase if your case involves aggravating factors, such as:
- High BAC levels
- Accidents or injuries
- Minors in the vehicle
- Prior DUI convictions
These cases often carry mandatory jail time and longer license suspensions.
How Long Does a DUI Stay on Your Record?
A DUI can remain on your criminal record for years or permanently, depending on state law. It may also stay on your driving record for a specific period used to calculate penalties for future offenses.
Some states allow expungement or sealing after certain conditions are met.
What Happens When You Get a DUI and Your Insurance Is Affected?
Insurance consequences are often more expensive than court fines.
After a DUI, you may face:
- Policy cancellation
- Dramatic premium increases
- Requirement to file an SR-22
- Limited insurance provider options
These costs can last for several years.
What Happens When You Get a DUI and Try to Move On?
Life doesn’t stop after a DUI, but it does change. Many people worry about stigma, career impact, and future opportunities.
Steps that can help you move forward include:
- Completing all court requirements on time
- Avoiding further legal trouble
- Seeking legal advice about record relief
- Demonstrating responsible behavior
In Summary
Understanding what happens when you get a DUI can remove some of the fear and confusion surrounding the process. From the initial traffic stop to court appearances and potential penalties, each step matters. While a DUI is serious, it is not the end of your life or future.
The key is acting quickly, knowing your rights, and taking the process seriously. The choices you make early on can significantly affect the outcome and how long the consequences follow you.