If you’ve been arrested for driving under the influence, you’re probably feeling nervous and confused. What happens next? What should you expect? Don’t worry—this guide walks you through the DUI process step by step. Knowing what’s ahead helps you stay calm and make smart choices.
Let’s go from the moment of arrest to trial.
DUI Process: The Arrest Stage
The DUI process usually starts with a traffic stop. An officer may pull you over for speeding, swerving, or missing a stop sign. If the officer suspects you’re under the influence, things move quickly.
They may ask questions, observe your behavior, and request that you take field sobriety tests. These could include walking in a straight line, standing on one leg, or following a light with your eyes. Next, they might ask for a breath or blood test to check your blood alcohol content (BAC).
If your BAC is above the legal limit—typically 0.08%—or if you fail the field tests, the officer will arrest you. They’ll take you to the police station for booking, which includes fingerprinting and a mugshot.
What Happens After Booking?
Once you’re booked, the next part of the DUI process begins. Depending on your case, the police might hold you for a few hours or release you with a court date.
Soon after, you’ll attend a first appearance, sometimes called an arraignment. This is where a judge reads your charges, and you enter a plea—guilty, not guilty, or no contest. You should already have a lawyer by this point. If you don’t, now is the time to get one.
At this stage, your lawyer can also request bail or argue for your release under certain conditions.
DUI Process: Pre-Trial Actions and Discovery
Next comes the pre-trial phase of the DUI process. During this time, both sides prepare their cases. Your attorney will review all the evidence against you. This includes:
- Police reports
- Breath or blood test results
- Body cam or dash cam footage
- Witness statements
This phase is also when your lawyer might file motions to dismiss weak evidence or challenge how the police handled the stop or arrest.
In many cases, prosecutors offer plea deals. This means you agree to plead guilty to a lesser charge in exchange for reduced penalties. While not right for everyone, plea deals can help avoid harsher outcomes.
Heading to Trial
If you don’t accept a plea deal, your case goes to trial. This part of the DUI process can be stressful, but your lawyer will guide you through it.
Before the trial begins, both sides choose a jury—unless you choose a bench trial, where a judge decides the case. Then, opening statements are made. The prosecution presents its evidence first, followed by your defense.
Your attorney might challenge the breathalyzer results, question the officer’s actions, or argue that your rights were violated. After both sides present their case, the jury (or judge) decides the verdict.
Process After the Verdict
Once the court reaches a decision, the DUI process nears its end. If you’re found not guilty, the case is over. You’re free to move on with your life.
However, if you’re found guilty, the judge will set a sentencing date. Penalties can vary
but may include
- Fines
- License suspension
- DUI education programs
- Community service
- Jail time (especially for repeat offenses)
In some states, you may also need to install an ignition interlock device in your car.
Even after sentencing, you can still take action. If your lawyer believes the court made a mistake, you might be able to file an appeal. Though this extends the legal process, it can protect your rights and lead to a better outcome.
Final Thoughts
Understanding the DUI process can ease a lot of stress. From arrest to trial, each stage matters. What you say, what you do, and who represents you all play a big role in the outcome.
If you’re ever arrested for DUI, act fast. Hire a lawyer, follow court instructions, and know your rights. Although the road is tough, preparation and legal help can make a huge difference.
Stay informed, stay calm, and take the right steps forward.
