After a DUI arrest, two things usually happen at the same time: a criminal case in court and an administrative action against your driver's license. They run on different timelines, and the license deadline is often very short.
The legal limits
Every state makes it illegal to drive with a blood alcohol concentration of 0.08 percent or higher for most drivers. Commercial drivers face a 0.04 limit, and drivers under 21 are subject to zero tolerance laws with much lower limits. You can also be charged if impaired below those numbers.
Two separate tracks
- The criminal case, which can lead to fines, probation, classes, an ignition interlock device or jail time.
- The administrative license action, handled by the state motor vehicle agency, which can suspend your license quickly after a failed or refused test.
Act on the license deadline
Many states give you only a short window, sometimes about ten to thirty days, to request a hearing to challenge the suspension. Missing it can mean an automatic suspension regardless of how the criminal case turns out.
What you can do
- Write down everything you remember about the stop, the tests and what was said.
- Do not discuss the case with anyone but your attorney.
- Find out your license hearing deadline from the paperwork you were given.
- Contact a criminal defense attorney experienced with DUI cases in your state.
- Follow every court and release condition exactly.
Frequently asked questions
Is refusing a breath test a good idea?
Refusal often triggers its own license suspension under implied consent laws and can be used against you in some states. Consult an attorney about your state's rules.
Will a first DUI mean jail?
It depends on the state and the facts. Penalties range from fines and classes to jail time, and aggravating factors increase them.