The single most time-sensitive thing to do after a DUI arrest is request an administrative hearing with your state’s DMV to contest your license suspension, because that window can be as short as 10 days and cannot be reopened once it closes. Everything else — hiring an attorney, preparing for court, budgeting for the real cost — matters, but it waits behind that deadline. What follows is a practical sequence for the first weeks after the arrest, written for the person who just got home and is trying to figure out what to do first.
Write Down Everything You Remember
Before you sleep on it, write down or record every detail you can recall about the traffic stop, the field sobriety tests, and the arrest. What the officer said. What you were asked to do. Whether you saw the breathalyzer calibration. Who else was present. Time of day, weather, road conditions, what you had eaten, what medications you were taking.
Memory decays fast and the details become harder to recover with each passing day. These notes are the raw material your attorney will use to question whether the stop was lawful, whether the field sobriety tests were given correctly, and whether the chemical test is reliable. Keep the file somewhere safe and share it only with your lawyer.
Request Your DMV Administrative Hearing Immediately
When you were arrested, the officer most likely took your license and issued a temporary driving permit with an expiration date printed on it. In many states, you have as few as 10 days from the arrest to ask your DMV for a hearing to contest the administrative suspension of your license. Miss that deadline and the suspension takes effect automatically. There is no appeal from forgetting.
The administrative hearing is separate from the criminal case. You can win in criminal court and still lose your license through this process, and vice versa. Even when the hearing itself doesn’t go your way, it lets your attorney question the arresting officer under oath and see what evidence the state is working with, which can help the criminal defense later.
If you’ve already hired a lawyer, this is the first thing to put in their hands. If you haven’t, call the DMV directly and request the hearing in writing while you line up counsel. Don’t let the hiring process eat the clock.
Hire a DUI Defense Attorney Before Your Arraignment
Your arraignment is the first court appearance, where the charges are read and you enter a plea. Walking in with an attorney already engaged, or at least consulted, changes what happens there.
Private DUI attorneys commonly charge flat fees in the range of $2,500 to $5,000 for a first offense resolved by plea bargain, with costs climbing to $10,000 or more if the case goes to trial. A good attorney will evaluate whether the stop was lawful, whether the tests were administered correctly, and whether a plea deal or diversion program is realistic in your jurisdiction. If you can’t afford private counsel, you have the right to a court-appointed attorney; ask for one at the arraignment rather than later.
Most defense attorneys will advise you to plead not guilty at arraignment even when a plea deal is the likely endgame. It preserves your options and gives counsel time to review discovery.
Understand Where the Chemical Test Leaves You
Every state has an implied consent law: by driving on public roads, you’ve already agreed to a chemical test of breath, blood, or urine if lawfully arrested for DUI. Refusing the test does not get you out from under the case. Every state except Wyoming imposes separate penalties for refusal, and those penalties often include an automatic license suspension longer than the one that follows a DUI conviction.1NHTSA. BAC Test Refusal Penalties In at least 12 states, refusal is a separate criminal offense on top of the DUI charge.
Refusal also comes back at trial. Prosecutors argue that refusing shows consciousness of guilt. And in many jurisdictions, refusal triggers the same ignition interlock and SR-22 requirements as a conviction. If you refused, tell your attorney early; if you took the test, bring the result sheet or your copy of the paperwork to the first meeting.
Know What the Court Process Looks Like
After arraignment come pre-trial hearings, where most of the real work happens. Your attorney may file motions to suppress evidence by arguing that the stop lacked probable cause, or that the breathalyzer wasn’t properly calibrated. The prosecution turns over its evidence during discovery, and plea negotiations typically begin in earnest here. Most DUI cases resolve at this stage without a trial.
If the case does go to trial, the prosecution must prove guilt beyond a reasonable doubt. The trial includes jury selection, witness testimony (usually from the arresting officer and any expert witnesses), and closing arguments. You have the right to be present throughout.
Some jurisdictions offer diversion programs for first-time offenders as an alternative. These require completing education courses, community service, substance abuse screening, and sometimes random testing. Successful completion can result in dismissal, though eligibility is typically limited to first offenders without aggravating factors like a high blood alcohol level, injuries, or a minor in the vehicle. Ask your attorney whether diversion is on the table where you were arrested.
Plan for Life Without Your License, Then for Getting It Back
A DUI almost always leads to a license suspension. Length depends on your jurisdiction, your blood alcohol concentration at arrest, and your record. First-offense suspensions range from 90 days in some states to a full year in others. Second and third offenses can stretch to several years. Because the administrative process can suspend your license before any conviction, plan for the suspension starting soon, not after court.
Some states offer restricted or hardship licenses during the suspension period that let you drive to work, school, or medical appointments, often with an ignition interlock device installed. Ask your attorney or your state’s DMV whether you qualify and how to apply.
When the suspension ends, reinstatement is its own process:
- Pay a reinstatement fee, commonly between $100 and several hundred dollars depending on the state.
- Complete the court-ordered DUI education or treatment program and provide proof.
- File an SR-22, a form your insurance company sends the state to certify you carry the minimum required liability coverage. Most states require you to maintain an SR-22 for about three years after a DUI, though some require it longer.
- Install an ignition interlock device if required. Thirty-one states and the District of Columbia now require interlock devices even for first-time offenders. Installation typically runs $100 to $200, and total costs over a 6- to 12-month interlock period commonly fall between $500 and $1,500. The device logs every test and sends results to the court or your probation officer.2National Conference of State Legislatures. State Ignition Interlock Laws
Budget for the Full Cost, Not Just the Fine
Court-imposed fines for a first DUI offense commonly range from $500 to $2,500. The fine is the smallest piece of what you’ll actually pay. For a typical first offense, expect to encounter:
- Court fines of $500 to $2,500, depending on state and circumstances.
- Court fees and surcharges adding several hundred dollars on top.
- Attorney fees of $2,500 to $5,000 for a plea bargain, more for trial.
- A DUI education program, from a few hundred dollars for shorter courses to $1,000 or more for intensive treatment.
- An ignition interlock device, $500 to $1,500 over the required period.
- SR-22 filing fees of $15 to $50, plus the insurance premium increase behind it.
- A license reinstatement fee of $100 to several hundred dollars.
- Insurance premium increases, often the single largest cost over several years.
A DUI conviction can raise auto insurance premiums by 80% to 200%. A driver who previously paid $1,200 a year might see that jump to $2,400 or $3,600, with higher rates persisting for three to five years in most states.3Experian. How Long Does a DUI Affect Car Insurance Not all insurers write policies for drivers who need SR-22 coverage, and those that do tend to charge more, so shop around; the spread between insurers for DUI-flagged drivers can be dramatic. Added up, a first-offense DUI routinely costs $10,000 to $25,000 or more over several years. If the offense caused property damage or injuries, restitution adds to that total.
Check How This Reaches Your Job
A DUI conviction creates a criminal record that shows up on background checks. For many office jobs a single misdemeanor DUI won’t automatically disqualify you, but roles that involve driving, working with vulnerable populations, or holding a security clearance are more sensitive. Transportation, healthcare, education, and law enforcement all treat DUI convictions seriously.
Commercial Driver’s License Holders
If you hold a CDL, the stakes are higher and immediate. Federal law requires disqualification from operating a commercial motor vehicle for at least one year after a first DUI violation, and that applies even if the DUI occurred in your personal vehicle. If you were hauling hazardous materials, the disqualification is at least three years. A second DUI-related violation results in a lifetime disqualification, with possible reduction to no less than 10 years.4Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications The BAC threshold for commercial drivers is also lower, at 0.04%, half the standard 0.08% limit. Tell your defense attorney immediately that you hold a CDL; it changes the calculus of any plea offer.
Professional Licenses
Licensing boards in fields like law, medicine, nursing, and real estate commonly require you to disclose criminal convictions, including misdemeanors. The conviction itself may or may not trigger discipline, but failing to disclose it almost certainly will. Some boards require evidence of rehabilitation before renewing a license. And if your profession requires driving as part of the job, the license suspension alone can make it impossible to work.
If You’re Not a U.S. Citizen
A simple misdemeanor DUI is generally not classified as a crime involving moral turpitude under federal immigration law, which means it typically won’t trigger automatic deportation on its own.5Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens An aggravated DUI involving injury, extremely high BAC, or a child passenger can cross that threshold, and multiple convictions raise separate inadmissibility concerns.
Immigration applications, including Form I-485 for permanent residence, require disclosure of all arrests and convictions, even misdemeanors. Omitting a DUI, even one resolved through a diversion program, can be treated as willful misrepresentation with consequences that may be more severe than the DUI itself. If you hold a non-immigrant visa such as an H-1B or F-1, a DUI appearing in background checks can trigger additional screening when you re-enter the country or renew the visa. Talk to an immigration attorney alongside your DUI defense lawyer; the two cases interact in ways neither attorney can navigate alone.
Stay Out of Trouble While the Case Is Pending
A second arrest or even a traffic citation while your DUI case is pending gives the prosecutor leverage and makes negotiation harder. Keep your driving conservative, and if your license has been suspended, don’t drive. Driving on a suspended license is a separate offense that will stack onto what you’re already dealing with.
If a conviction brings probation, treat every condition as non-negotiable. A violation like missing a check-in or testing positive for alcohol can trigger a revocation hearing where the standard of proof is lower than at trial. Judges can reinstate probation with stricter terms, extend it, add fines, or revoke it and send you to jail. Keep copies of every completion certificate and receipt, and call your probation officer before you miss a deadline rather than after.
Situations Where the Standard Path Doesn’t Apply
A few circumstances change the picture enough that you should know about them even if they don’t apply to you now.
A standard first-offense DUI is typically a misdemeanor, but several factors can elevate it to a felony. Repeat offenses (most states escalate at the third or fourth), a blood alcohol concentration of 0.15% or higher triggering enhanced penalties in many states, 0.20% or above triggering mandatory minimum jail time in some,6National Conference of State Legislatures. Increased Penalties for High Blood Alcohol Content a crash causing injury or death, or driving with a minor passenger. Felony DUI convictions carry potential prison sentences of several years, fines reaching $10,000 or more, and longer-term consequences including loss of voting rights in some states and a much harder path to expungement.
If you plan to travel to Canada, know that Canada treats impaired driving as a serious crime. Since changes under Bill C-46 took effect on December 18, 2018, the maximum penalty for impaired driving under Canadian law rose to ten years, which reclassified DUI as a “serious criminality” offense for immigration purposes.7Government of Canada. Overcome Criminal Convictions Convictions on or after that date can make you criminally inadmissible to Canada for life absent a Temporary Resident Permit or Criminal Rehabilitation. Older convictions may qualify for deemed rehabilitation after at least ten years, but the burden to prove it falls on you at the border.
Rental cars are another friction point. Major rental companies run driving record checks. Budget, for example, will not rent to anyone with a DUI, DWI, or reckless driving conviction within the past 48 months and does not offer vehicles equipped with ignition interlock devices.8Budget Car Rental. Driving Record Policy Other major companies have similar policies. Another licensed driver in your group may need to book the vehicle.
Finally, some states allow you to petition for expungement or record sealing of a DUI conviction after a waiting period, but this is far from universal. Eligibility typically requires completing all terms of your sentence and waiting five to ten years. Even where expungement is granted, some professional licensing boards can still access sealed records, and the conviction may remain visible for immigration and federal background check purposes. Felony DUI convictions face much stricter eligibility and are ineligible for expungement in many states. It’s worth exploring once you’re past the waiting period, but it’s not a near-term tool.