What to Do After a DUI Arrest: A Lawyer's Guide

Being arrested for Driving Under the Influence (DUI) is an emotionally charged and potentially life-altering experience. Whether it’s your first offense or you’ve faced charges before, what you do in the minutes, hours, and days afterward matters.

This guide outlines the immediate steps you should take to protect your rights, defend your license, and minimize penalties.

1. Remain Calm and Know Your Rights

The way you handle yourself during the arrest can affect both your criminal and administrative proceedings. Keep calm and respectful at all times.

• Do not argue with the officer or resist arrest.
• You have the right to remain silent. Politely say:
• “I would like to remain silent and speak to an attorney.”
• You have the right to an attorney before answering questions or submitting to additional tests (outside of legally mandated breath/blood tests, depending on your state).

Learn more: Know Your Rights When Stopped by Police – ACLU

2. Request Legal Counsel Immediately

The sooner you involve a DUI defense attorney, the better. A qualified lawyer can:

• Review the legality of your stop, search, and arrest
• Challenge the results of field sobriety and chemical tests
• Represent you in both criminal court and DMV hearings
• Negotiate plea deals or argue for reduced charges

Hiring a lawyer quickly helps ensure deadlines aren't missed and your defense strategy starts strong.

Learn how legal fees work: RocketPages’ Guide to Fee Structures for Criminal Defense Cases

3. Document Every Detail

While the incident is still fresh in your memory, write down everything you can remember:

• What time and where you were pulled over
• What you said to the officer—and what they said to you
• Whether you were read your Miranda rights
• The types of sobriety tests administered (e.g., walking the line, breathalyzer)
• Whether you felt pressured or confused during the process

These notes may help your attorney identify police misconduct, faulty testing, or constitutional violations.

4. Act Quickly to Protect Your Driver’s License

In many states, a DUI arrest automatically triggers an administrative license suspension, often starting within 10 days unless you request a hearing.

Don't miss this deadline—if you don’t act in time, your license could be suspended before you even go to court.

Check your state's requirements via your local DMV website or explore NHTSA’s DUI Laws Resource

5. Meet All Deadlines and Court Obligations

DUI cases involve both criminal and administrative proceedings, each with their own timelines:

• Arraignment: Your first court appearance, where charges are formally read.
• DMV Hearing (if applicable): To fight suspension.
• Discovery and Motions Deadlines: For evidence requests and filings.
• Trial Dates (if necessary)

Missing even one deadline—like a court appearance or required paperwork—can result in:

• Bench warrants
• Further license suspension
• Revocation of bail or bond

Your attorney can manage the timeline, but you must cooperate fully and respond to their requests.

6. Avoid These Critical Mistakes

Many DUI defendants unintentionally make their situations worse by acting without legal advice. Common missteps include:

• Talking about the case online:
• Social media posts can be used as evidence against you in court. Never post details or opinions about your arrest.

• Driving on a suspended license:
• This is a serious offense that can lead to jail time and permanent license revocation in some states.

• Skipping required assessments or classes:
• Courts may require you to complete alcohol education, ignition interlock installation, or substance abuse assessments. Failing to comply shows disrespect for the court and can hurt your defense.

7. Understand the Long-Term Impact

A DUI conviction can lead to:

• Criminal fines and court fees
• Jail time or probation
• Driver’s license suspension or revocation
• Mandatory alcohol education or rehabilitation
• Higher auto insurance premiums
• Loss of employment or professional licensing

Fighting the charge—or minimizing the penalties—is worth it. An experienced DUI defense lawyer can assess whether it’s possible to reduce charges to reckless driving or obtain a dismissal.

Conclusion

A DUI arrest is serious, but it doesn’t have to ruin your life. Acting quickly and working with a skilled attorney gives you the best chance of:

• Keeping your license
• Reducing charges
• Avoiding jail time
• Protecting your future

Don't delay. Document everything, request a DMV hearing if needed, and speak with a DUI lawyer who understands both state-specific law and local court practices.