Immediate Deadlines
- Request DMV hearing to fight license suspension:10 days from arrest (state-dependent; CA: 10 days)
- Court arraignment:Usually 30-60 days from arrest
- License suspension begins automatically:30 days post-arrest if no DMV hearing requested
Documents You'll Need
- Citation, arrest paperwork, booking documents
- Police report (request from arresting agency)
- Breath test or blood test results
- Field sobriety test report
- Dashcam/bodycam footage (request via discovery)
- Vehicle records (insurance, registration)
- Receipts/witnesses establishing what you ate/drank
Step-by-Step
Hire a DUI attorney immediately
DUI is one area where DIY rarely works. An experienced DUI attorney knows local prosecutors, judges, and the specific defenses. Costs typically $2,500-$15,000+ depending on complexity. Many offer free initial consultations. The cost of conviction (insurance, lost wages, ignition interlock) usually exceeds the lawyer's fee.
Request DMV hearing within 10 days
Most states have a separate administrative license suspension process. You typically have only 10 calendar days from arrest to request a DMV hearing — or your license is automatically suspended (4-12 months for first offense). The hearing focuses on probable cause and BAC results. This is separate from criminal court.
Get the police report and BAC results
Your attorney will request: police report, BAC test results, breathalyzer maintenance/calibration records, officer training records, dashcam/bodycam footage. Many DUI cases turn on technical defenses: improperly calibrated breathalyzer, lack of probable cause for stop, Miranda violations, errors in field sobriety test administration.
Identify possible defenses
Common DUI defenses: (1) Illegal stop (Fourth Amendment), (2) Faulty BAC test (calibration, operator error, rising BAC), (3) Medical conditions affecting test (GERD, diabetes), (4) Field sobriety test errors (NHTSA standards), (5) Miranda violations affecting statements, (6) Chain of custody issues with blood samples.
Negotiate or go to trial
Most DUI cases resolve via plea bargain. Common reductions: 'wet reckless' (reduced reckless driving), or with very weak prosecution case, dismissal. Trial decision is strategic — depending on jurisdiction, BAC level, and prior record. Trials are technical, focusing on testing procedures and police conduct.
Complete sentencing requirements
If convicted, typical first-offense penalties: $500-$2,000 fine + court costs, 3-9 month license suspension (or restricted license with IID), DUI school (12-32 hours), 24-72 hours minimum jail (often community service substitute), 3-5 years probation. Comply fully — violation = jail time.
Address ignition interlock and license issues
Most states require Ignition Interlock Device (IID) for DUI convictions: $70-$120/month for 6 months to 2+ years. Get SR-22 high-risk insurance ($800-$2,500/year for 3 years). Request restricted license for work/school transportation if eligible. Total post-conviction costs typically $5,000-$15,000+.
How This Varies by State
BAC limits: 0.08% standard; Utah 0.05% (lowest); CDL 0.04%; under-21 zero tolerance (0.01-0.02%). Mandatory minimums vary: AZ requires 10 days jail for first offense; many states 24-72 hours. License suspension: 30 days (some states) to 1 year first offense. IID: required for first offense in most states; extended for high-BAC. Refusal to test triggers automatic suspension under implied consent (1 year typical).
Common Mistakes to Avoid
- Talking to police beyond identifying yourself
- Refusing breathalyzer without understanding consequences (automatic suspension in most states)
- Missing the 10-day DMV hearing deadline
- Hiring a general criminal lawyer instead of a DUI specialist
- Failing to comply with sentencing requirements (probation, IID, classes)
Official Resources
Related Resources on This Site
Forms
- dmv hearing request
When to Get a Lawyer
- Always — DUI is too complex and consequential for self-representation
- Immediately after arrest (don't wait for arraignment)
- Especially if BAC is high, accident occurred, or you have prior DUI
Frequently Asked Questions
Should I refuse the breath test?
Will a DUI go on my permanent record?
Can I drive to work after DUI?
How much does a DUI cost in total?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.