What Happens After a DUI Arrest? Step-by-Step Guide

Short answer: After a DUI arrest, you're booked, may post bail, and receive a court date. You have a separate DMV hearing deadline (often 10 days). At arraignment, you plead. Most cases resolve in plea negotiations. The whole process takes 3-6 months for a first offense.

Timeline: What happens after a DUI arrest

Stage 1: The arrest

When you're pulled over for suspected DUI:

1. Field sobriety tests: Walk-and-turn, one-leg stand, eye tracking
2. Preliminary breath test: Roadside breathalyzer (not the official test)
3. Arrest: If officer believes you're impaired
4. Chemical test: Breathalyzer or blood test at the station (refusing has consequences)
5. Booking: Photographed, fingerprinted, paperwork completed

Stage 2: Release from custody

Three ways you get released:

1. Own recognizance (OR): Released with promise to appear, no payment
2. Bail: Pay set amount (typically $1,000-$10,000 for DUI), get most back after case ends
3. Bail bond: Pay bondsman 10% to post bail for you (non-refundable)

First-offense DUI often results in same-day release. Prior offenses or accidents may require longer holds.

Stage 3: The DMV hearing (critical deadline)

You typically have 10 days to request a DMV hearing, or your license is automatically suspended.

This is separate from your court case. The DMV decides whether to suspend your license based on:

• Your BAC level
• Whether you refused testing
• Prior DUI history

Request the hearing even if you think you'll lose. It buys time and sometimes results in no suspension.

Stage 4: Arraignment

Your first court appearance, usually 2-6 weeks after arrest:

1. Charges read: Formal charges presented
2. Enter plea: Not guilty (usual), guilty, or no contest
3. Bail reviewed: May be modified
4. Next date set: Pretrial conference scheduled

Always plead not guilty at arraignment unless your lawyer advises otherwise. Pleading guilty ends your options.

Stage 5: Pretrial and negotiation

Most DUI cases resolve here, not at trial:

1. Discovery: Your lawyer gets police reports, test results, video
2. Motion to suppress: Challenge the stop, arrest, or test procedures
3. Negotiation: Discuss plea deals with prosecutor
4. Plea offer: Reduced charges or penalties in exchange for guilty plea

Common plea outcomes:

• Wet reckless (reduced charge, fewer consequences)
• DUI with reduced penalties
• Dismissal (rare, but happens with weak evidence)

Stage 6: Resolution or trial

If you take a plea:

• Sentenced same day
• Penalties begin (fines, classes, probation)
• Case closed

If you go to trial:

• Jury or bench trial
• Prosecution presents evidence
• Defense challenges evidence, presents case
• Verdict
• Sentencing if convicted

Less than 5% of DUI cases go to trial.

First offense DUI penalties (typical)

What to do immediately after arrest

1. Write down everything: What happened, what was said, timeline
2. Request DMV hearing: Within 10 days
3. Don't discuss the case: With anyone but your lawyer
4. Gather documents: Arrest paperwork, any receipts from that night
5. Consult a DUI lawyer: Most offer free consultations
6. Avoid new violations: Any new arrest makes everything worse

Do I need a lawyer?

Hire a DUI lawyer if:

• Your BAC was borderline (around 0.08%)
• You have prior offenses
• There was an accident or injury
• You're a commercial driver or professional licensee
• You believe the stop or test was improper
• You want to fight the charges

You might handle yourself if:

• It's a clear-cut first offense
• You plan to plead guilty
• You're accepting standard penalties

Even for simple cases, a consultation helps you understand your options.

The bottom line

After a DUI arrest, the critical deadlines are the 10-day DMV hearing request and your arraignment date. Most cases resolve in plea negotiations, not trial. A first offense typically means fines, DUI school, license suspension and probation, but rarely jail. Getting a lawyer can sometimes reduce charges or penalties.