What Happens After a DUI Arrest
A DUI arrest sets two separate processes in motion at once: an administrative case about your driver's license, and a criminal case in court. They run on different timelines and have different consequences. Here's the general sequence — the specifics vary by state.
The stop, testing, and arrest
It usually starts with a traffic stop. The officer may ask you to perform field sobriety tests and take a breath or blood test. If the officer has probable cause, you're arrested, taken to be booked, and the chemical-test results become central to both cases that follow.
Track 1: the administrative (DMV) case
Many states impose an immediate administrative license suspension when you're arrested with a BAC over the limit or you refuse testing — separate from anything that happens in court. There is often a short window (frequently just a few days to a couple of weeks) to request a DMV hearing to contest that suspension, so this track moves fast.
Track 2: the criminal case
The criminal case proceeds through the courts: an arraignment where charges are read and you enter a plea, then pretrial hearings, and ultimately a plea agreement or trial. A conviction leads to sentencing — the fines, possible jail, probation, education programs, and license and interlock consequences set by your state.
Why the two tracks matter
You can lose your license through the DMV process even if the criminal charge is later reduced or dismissed, because the two are decided separately. That's also why the deadlines differ — missing the short DMV hearing window can cost you the license challenge regardless of how the court case goes.
Find your state’s penalties
Fines, jail, license suspension, and interlock rules are all set state by state — the general rules above only get you so far.
Or try the penalty estimator to filter by offense number and BAC.
Frequently asked questions
Do you lose your license immediately after a DUI?
In many states, yes — an administrative suspension can take effect shortly after arrest for a failed or refused chemical test, separate from the court case. Most states give you a brief window to request a DMV hearing to contest it, so acting quickly matters.
What are the two cases after a DUI?
An administrative case handled by the state DMV about your driving privileges, and a criminal case handled by the courts about the DUI charge itself. They run in parallel, have separate deadlines, and are decided independently.
How long does a DUI case take?
It varies widely — from a few weeks for a straightforward case to many months if it goes to trial. The administrative license process typically resolves much faster than the criminal case.