The when ready steps after arrest

When you are arrested for drunk driving, the officer will take you to a police station or jail for booking. During booking, you will be photographed, fingerprinted, and your personal information will be recorded. The officer will also document the circumstances of the arrest, including any field sobriety tests or breathalyzer results.

You have the right to refuse a breathalyzer or blood test, but most states have implied consent laws — refusing the test itself can result in an automatic license suspension separate from any criminal charge. This suspension often happens when ready, sometimes before you are convicted of anything. The officer will typically give you a notice of suspension at the station.

You will be held until you can post bail, are released on your own recognizance, or until a bail hearing is scheduled. This can happen within a few hours or may take longer depending on the time of day and how busy the local jail is. You should ask to make a phone call — this is your right, and you can call a lawyer, family member, or bail bondsman.

Key Takeaways

  • Your driver's license may be suspended when ready after arrest, separate from any court case, and this suspension can last months even if charges are later dropped.
  • You have the right to refuse a breath or blood test, but refusal itself triggers an automatic license suspension in most states and can be used against you in court.
  • Bail or release decisions happen at booking or at a bail hearing, and the amount depends on your criminal history, ties to the community, and the specific circumstances of the arrest.
  • You should request a lawyer before answering questions; anything you say to police can be used as evidence, and police are trained to use your words against you.
  • The criminal case and the license suspension are two separate proceedings, and you may need to fight both to restore your driving privileges and avoid a conviction.

License suspension versus criminal charges

Many people assume their license suspension will end when the criminal case ends. It will not. Your state's Department of Motor Vehicles (or equivalent agency) runs the suspension independently of the criminal court. This means you could be found not guilty in criminal court and still lose your license, or you could have charges dismissed and still face a suspension.

The suspension typically begins within days of arrest. In most states, you have a limited window — often 10 to 30 days — to request a hearing to challenge the suspension. If you do not request a hearing within that window, the suspension becomes automatic. This hearing is separate from your criminal case and focuses only on whether the officer had legal grounds to arrest you and whether the test was administered correctly.

The length of suspension varies by state and by whether this is your first offense. A first-offense suspension might last 90 days to one year. Refusing a test often results in a longer suspension than failing one. Some states allow you to drive to work or school during suspension if you install an ignition interlock device — a breathalyzer connected to your car's ignition that prevents the engine from starting if alcohol is detected.

The criminal court process

Your first court appearance is usually an arraignment, where you will hear the charges against you and be told your rights. You will be asked whether you want to plead guilty, not guilty, or no contest. Do not plead guilty at this stage without talking to a lawyer. Even if you believe you are guilty, a lawyer may find procedural errors that weaken the prosecution's case.

The prosecution must prove you were driving under the influence. They will use evidence like the officer's observations, field sobriety test results, breathalyzer or blood test results, and witness statements. Your lawyer can challenge how the tests were administered, whether the officer had legal grounds to stop you, and whether the equipment was properly calibrated.

Many drunk driving cases are resolved through plea agreements rather than trial. The prosecutor might offer a reduced charge — such as reckless driving instead of DUI — in exchange for a guilty plea. Whether this is a good deal depends on your specific situation, your criminal history, and the strength of the evidence against you. A lawyer can advise you on the risks of going to trial versus accepting a plea.

Penalties and sentencing

Penalties for drunk driving vary significantly by state and by your criminal history. A first offense typically includes fines ranging from several hundred to several thousand dollars, a jail sentence of a few days to six months, probation lasting one to three years, and mandatory completion of a DUI education program. Some states also require community service.

A second or subsequent offense carries steeper penalties: longer jail time, higher fines, longer probation, and a longer license suspension. Some states treat a second offense within a certain period — often 5 to 10 years — as a felony rather than a misdemeanor, which can affect employment, housing, and other aspects of your life.

If your drunk driving caused injury or death, the charges and penalties are much more serious. You could face felony charges, years in prison, and civil lawsuits from injured parties. The specifics depend entirely on your state's laws and the facts of your case.

Hiring a lawyer and your rights

You have the right to a lawyer. If you cannot afford one, you can request a public defender at your first court appearance. Public defenders handle large caseloads, but they are trained in DUI law and can often negotiate favorable outcomes. If you can afford a private lawyer, many DUI specialists focus specifically on challenging the evidence and procedures in these cases.

A lawyer can request discovery — the police reports, test results, and other evidence the prosecution plans to use. They can file motions to suppress evidence if it was obtained illegally, challenge the accuracy of breath or blood tests, and cross-examine witnesses at trial. They can also negotiate with the prosecutor on your behalf.

Do not answer questions from police without a lawyer present. Anything you say can be used against you, and police are trained to extract admissions. straightforward say, "I want to speak to a lawyer," and stop talking. This is your right, and exercising it does not make you look guilty in court — it is a standard legal protection.

Ignition interlock devices and restricted licenses

Many states allow you to drive on a restricted license if you install an ignition interlock device. This device requires you to blow into a breathalyzer before the car will start. If alcohol is detected, the engine will not turn on. You will also be required to blow into the device periodically while driving — if you fail, the device logs the violation and may trigger an alarm.

The cost of an ignition interlock device varies but typically ranges from $70 to $150 per month, including installation and monitoring. You pay for this yourself. The device must remain installed for a period set by the court or DMV — often 6 months to 2 years depending on your offense and state.

To get a restricted license, you usually must complete a DUI education program, pay reinstatement fees to the DMV, and provide proof of insurance. You will also need to show the court or DMV that you have installed the device. The restrictions on where and when you can drive vary by state — some allow you to drive only to work, school, and medical appointments, while others are less restrictive.

Insurance and employment consequences

A drunk driving conviction will cause your car insurance rates to increase substantially — often doubling or tripling. Some insurers will drop you entirely, and you may have to buy high-risk insurance at much higher cost. This increase typically lasts three to five years after the conviction.

A conviction can also affect employment. Some employers conduct background checks and will not hire someone with a DUI conviction, particularly if the job involves driving or safety-sensitive work. If you already work in such a field, a conviction could cost you your job. Professional licenses — for doctors, nurses, lawyers, and other professions — can also be suspended or revoked.

A DUI arrest (even without conviction) will show up on background checks. Some employers will see the arrest itself and make hiring decisions based on that, even if charges are later dropped. This is one reason why fighting the charges aggressively, rather than accepting a quick plea, can matter for your future.

Frequently Asked Questions

Can I get my license back before the suspension ends?

In many states, you can request a hardship or restricted license that allows you to drive to work, school, or medical appointments. You will typically need to complete a DUI education program, install an ignition interlock device, and pay reinstatement fees. The specific requirements vary by state — contact your state's DMV to learn what is available in your area.

What if I refused the breath test?

Refusing the test triggers an automatic license suspension in most states, often longer than if you had taken the test and failed. However, refusal also means the prosecution cannot use a breath test result as evidence. Your lawyer can advise whether refusal helped or hurt your case based on the other evidence available to the prosecution.

How long does a DUI stay on my record?

This varies by state. Some states keep DUI convictions on your record permanently for purposes of calculating repeat offenses, but allow you to petition for expungement (removal from public records) after a certain period — often 5 to 10 years. Other states do not allow expungement of DUI convictions. Check your state's laws or ask a lawyer about your options.

Will I definitely go to jail?

Not necessarily. Many first-time offenders receive probation, fines, and education programs without jail time, particularly if no one was injured. However, jail time is possible even for a first offense, and the risk increases if you have prior convictions, caused an accident, or had a very high blood alcohol level. A lawyer can discuss the likely outcome in your specific situation.

Can I fight the charges even if I failed the breath test?

Yes. Breath tests can be inaccurate if the device was not properly calibrated, if the officer did not follow proper procedures, or if you have certain medical conditions. Your lawyer can request records of the device's maintenance and calibration, challenge how the test was administered, and cross-examine the officer about their training and procedures.