After the arrest
What happens after a DUI arrest, and what to do first
You were just arrested for DUI, and the papers in your hand start two separate cases. The license deadline often comes within 7 to 30 days, before your first court date.
Answered 24/7: a free case review that puts your license and court steps in order tonight.
The first 24 hours
Police take your photo and prints, and may hold you until you sober up. You leave with a citation or bail papers that name the court and a date. In many states the officer also takes your license and hands you a notice.
Keep every paper. The notice is often your temporary license, and in many states the license clock starts at the arrest or on the day you got it.
In California, the paper order the officer gives you works as a license for 30 days. You have 10 days to ask the DMV for a hearing (California DMV). The arraignment is often weeks later.
The DMV clock
This is usually the first deadline you face, and it comes before the first court date. Ask in time and the suspension waits for the hearing.
Washington gives 7 days from the arrest; California 10 days from the order (Washington DOL). Ohio is different: you appeal the roadside suspension at your first court date or within 30 days after it (Ohio 4511.197).
The DUI DMV hearing counter gives your exact last day.
Arraignment
This is your first court date. The judge reads the charge and asks for a plea. Call before this date, so a DUI lawyer is beside you when you answer.
Plea, diversion or trial
Most DUI cases end with a plea. Some counties run specialty programs: Travis County in Texas runs a DWI Court. A reduced charge such as a wet reckless is possible in some states. A trial is your right if no deal fits.
Probation
Probation is the most common sentence for a first DUI, and it often runs a year or more. Breaking any condition can bring the jail time back.
California's first-offense sentences, for one, can come with 3 to 5 years of probation, a fine of $390 to $1,000 plus assessments, and a DUI program (Alameda courts).
Not sure what your papers say
Questions people ask
What happens after a DUI arrest?
You are booked and released, often with a paper license. Two cases then run: the license case at the driver agency, with a short deadline, and the court case, with an arraignment date.
What is a DUI arraignment?
Your first court date. The judge reads the charge, asks how you plead, and sets the next date. Many people plead not guilty at this stage while a lawyer reviews the evidence.
What is a DUI diversion program?
A program some courts offer in place of a conviction. You finish classes and conditions, and the charge is reduced or dismissed. Not every state or county has one.
How long does DUI probation last?
Often a year or more, and some states set several years. Breaking any condition can bring back the jail time.
Read next: The DMV hearing · Your first DUI · BAC calculator
What to do now
After a DUI arrest, two cases start at once: the license case and the court case. The license hearing deadline comes first, and each day you wait leaves less time to keep driving. Call now for a free case review, and a DUI defense lawyer for your state asks for the police records.
Call about my arrest (877) 317-9931
Answered 24/7: a free case review that puts your license and court steps in order tonight.
Send your case details
Send your arrest date, your state, and the dates on your citation and license notice. With those in hand, the call starts with your real deadline instead of guesses.