Driving under the influence or driving while impaired is never a wise decision, especially in the age of ridesharing services. If convicted of a DUI, there are stiff consequences and underlying costs attached like fines, license suspension, and possible car breathalyzer installation. All of these can be a result even if your actions hurt no one else.
This guide breaks down the typical DUI process, from the initial traffic stop to the long-term consequences, focusing on the key administrative and legal hurdles you will face.
Phase 1: The Initial DUI Stop and Arrest
The DUI process begins with an interaction with law enforcement, which can occur during a routine traffic stop for a moving violation or at a designated DUI checkpoint.
The Stop and Field Sobriety Tests (FSTs)
If an officer suspects impairment, they will typically request you to perform a series of Field Sobriety Tests (FSTs), such as the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. These tests are used to establish probable cause for an arrest.
Following the FSTs, the officer will likely request a preliminary chemical test, usually a portable breathalyzer, to measure your Blood Alcohol Content (BAC). Refusing this test can lead to an automatic license suspension in many states under “implied consent” laws, even if you are not ultimately convicted of a DUI.
Arrest and Booking
If the officer determines there is probable cause—typically if your BAC is at or above the legal limit of 0.08%—you will be arrested for DUI. Your vehicle will likely be towed or impounded.
At the police station, you will be booked, which involves fingerprinting, taking a mugshot, and a more accurate chemical test (blood, breath, or urine). You will then be held in a cell until you can be released, either on your own recognizance, by posting bail, or when a sober party comes to pick you up. During this process, you will be issued a citation or ticket that includes your charges and a date for your first court appearance, known as the arraignment.
Phase 2: The Critical Legal and Administrative Process
A DUI charge triggers two separate legal proceedings that must be managed simultaneously: the criminal court case and the administrative license suspension hearing with the Department of Motor Vehicles (DMV) or equivalent state agency.
The Administrative License Suspension (The 10-Day Rule)
This is arguably the most time-sensitive and critical step. In most states, your driver’s license is immediately confiscated upon arrest, and you are issued a temporary driving permit. You have a very limited window—often just 7 to 10 days—to request a formal administrative hearing to contest the suspension of your driving privileges. Failure to request this hearing within the deadline will result in an automatic, uncontested license suspension.
The Criminal Court Process
The criminal case proceeds through several stages:
- Arraignment: Your first court appearance where you are formally charged and enter a plea (guilty, not guilty, or no contest).
- Pre-Trial Conferences: Your attorney and the prosecutor will negotiate and exchange evidence. Most DUI cases are resolved at this stage through a plea bargain.
- Trial: If no plea agreement is reached, the case proceeds to trial, where a judge or jury determines guilt.
Sentencing, if convicted, will depend on the specific circumstances of your case. Penalties are often significantly harsher if aggravating circumstances are present, such as:
- Prior DUI conviction(s)
- High BAC (typically 0.15% or higher)
- Child endangerment in the vehicle
- Property damage or bodily injury
- Driving without a valid license
Phase 3: The Penalties and Consequences of a DUI Conviction
A DUI conviction carries a range of mandatory penalties designed to punish the offense and deter future incidents.
Driver’s License Suspension and Hardship Licenses
Every state mandates a suspension or revocation of driving privileges for a set period. The duration is directly tied to factors like your BAC level and whether it is a first or repeat offense. Depending on your state and situation, you may be eligible for a hardship license (also called a restricted or work license), which allows you to drive only to and from work, school, or court-ordered programs.
Fines, Court Costs, and Jail Time
You will be ordered to pay substantial fines, which can range from hundreds to thousands of dollars, plus mandatory court costs and fees.
Mandatory jail time, even for first-time offenders, is becoming increasingly common. While low-level first offenses may only require a few days, repeat offenders or those with aggravating circumstances face much longer sentences. For example, in California, a first-time DUI conviction can carry a minimum of 2 days up to 6 months in county jail, while a fourth offense can result in state prison time.
Mandatory Education and Probation
Nearly all states require convicted individuals to attend DUI or alcohol education programs and counseling. These programs can last from three months to two years, and you are responsible for the associated fees.
You will also likely be placed on a period of probation, which involves regular supervision and a monthly fee. Failure to comply with any terms of your probation—including attending classes or paying fines—can result in immediate jail time.
Ignition Interlock Device (IID) Installation
Depending on your state’s laws, you may be required to install an Ignition Interlock Device (IID) on your vehicle, often even for a first offense. An IID is a small breathalyzer that prevents the vehicle from starting if it detects alcohol on the driver’s breath.
The IID requirement is a key part of regaining driving privileges. You are responsible for the installation fees and monthly calibration/monitoring fees. Low Cost Interlock specializes in providing state-approved, reliable IID services to help you meet this court-ordered requirement and get back on the road legally.
SR-22/FR-44 High-Risk Insurance
A DUI conviction is a major red flag for auto insurance companies. Your state will likely require you to obtain an SR-22 certificate (or FR-44 in Florida and Virginia), which is a form filed by your insurance company proving you carry the state’s minimum liability coverage. Because this classifies you as a high-risk driver, your insurance premiums will almost certainly double or triple upon renewal.
Phase 4: The Long-Term Impact and Recovery
The consequences of a DUI extend far beyond the court-ordered penalties, creating financial and personal strain for years.
- Financial Strain: The total cost of a DUI—including fines, legal fees, IID costs, increased insurance premiums, and lost wages—can easily exceed $10,000.
- Employment Impact: A DUI conviction is a matter of public record and will appear on background checks. This can severely limit job opportunities, especially in fields that require driving, professional licensing, or security clearances.
- Social and Personal Reputation: A conviction can carry a significant social stigma, potentially straining personal and professional relationships.
While a DUI is a serious setback, it does not have to define your future. By taking immediate, proactive steps—such as securing legal counsel, meeting the DMV hearing deadline, and complying with all court-ordered requirements like IID installation—you can navigate the process effectively and begin the path toward recovery.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. DUI laws are complex and vary by jurisdiction. You should consult with a qualified attorney in your state for advice regarding your individual situation.