What Happens When You Get a DUI?
A plain-English walk-through of every stage — from the moment of arrest to license reinstatement — written by a 20-year paralegal and insurance specialist. Updated for 2026.
The 6 stages of a DUI, in order
1. The arrest and booking
After a DUI arrest you're taken to a station for booking — fingerprints, photo, and a chemical test (breath or blood). You'll typically be released within hours on bail or on your own recognizance, with a citation listing your first court date and (in most states) a temporary paper license.
2. The DMV deadline — usually 7 to 15 days
This is the step most people miss. The DMV's license suspension is separate from the criminal case. In most states you have only 7–15 days from arrest to request an administrative hearing — miss it and the suspension becomes automatic.
3. Arraignment (your first court date)
At arraignment the charges are read and you enter a plea. Almost always plead 'not guilty' here — it preserves every option (motions, plea negotiations, trial). This is also when bail conditions are confirmed.
4. License suspension and restricted driving
Most first-offense suspensions run 30 days to 12 months. Many states allow a restricted or hardship license (with an ignition interlock device) so you can keep driving to work, school, and treatment.
5. Plea, sentencing, or trial
Most first DUIs resolve through a plea — sometimes reduced to a 'wet reckless' or diversion program. Typical sentencing includes fines, DUI school, probation, community service, and (in some states) short jail time or work release.
6. SR-22 insurance and life after
After reinstatement most states require an SR-22 filing for 3 years. Expect insurance premiums to rise 70–100% for that period. A DUI generally stays on your driving record 5–10 years and on your criminal record indefinitely unless expunged.
Frequently asked questions
What is the very first thing I should do after a DUI arrest?
Write down everything you remember while it's fresh — the time of the stop, what the officer said, field sobriety instructions, and the chemical test. Then calculate your DMV deadline (typically 7–15 days from arrest) and request the administrative hearing in writing. This single step preserves your ability to fight the license suspension.
Will I go to jail for a first-offense DUI?
In most states a first-offense DUI without aggravating factors (no accident, no injury, BAC under 0.15) results in probation, fines, and DUI school rather than jail. A handful of states require a minimum 24–72 hours, but it's often served as community service or work release.
How long does a DUI stay on my record?
On your driving record: typically 5–10 years depending on the state. On your criminal record: indefinitely unless you successfully petition for expungement, which is allowed in many states after a waiting period (often 5–10 years) with no further offenses.
Do I really need a DUI attorney?
For a standard first offense with no injury, a public defender or self-representation is technically possible — but a private DUI attorney typically negotiates better outcomes (reduced charge, shorter suspension, no jail). Expect $1,500–$5,000 for a first offense in most states.
What's the difference between DUI, DWI, OUI, and OVI?
They're regional names for the same offense. DUI (Driving Under the Influence) is used in most states. DWI (Driving While Intoxicated) is used in TX, NY, and others. OUI (Operating Under the Influence) is used in ME and MA. OVI (Operating a Vehicle Impaired) is used in OH. The penalties and process are similar across all of them.
How much does a DUI cost in total?
Total cost typically runs $10,000–$25,000 over 3 years when you add fines and court costs ($1,000–$3,000), attorney fees ($1,500–$5,000), DUI school and probation fees ($500–$2,000), license reinstatement ($150–$500), ignition interlock ($1,000–$2,500), and increased insurance ($5,000–$10,000 over the SR-22 period).
Laws vary by state
DMV deadlines, suspension lengths, and BAC limits differ. See your state's specifics.
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Educational guide — not legal advice. Always consult a qualified attorney for your specific situation.