What Happens When You Get a DUI? (2025 Guide)

What Does DUI Mean?

Most people associate DUI with drunk driving. However, the definition is usually much wider to include operating any type of motor vehicle while under the influence of an intoxicating substance. This can include illegal or prescription drug usage.

States sometimes use different acronyms to describe DUI. Common alternative abbreviations include DWI (driving while intoxicated) and OWI (operating while intoxicated). Whichever term and acronym is used, the meaning comes back to the same restriction.

DUI Legal Elements

Since DUI is a criminal offense, there are legal elements that must be proved before you can be convicted. These elements can vary by state, but generally come down to the following:

• Operating a vehicle. Some state laws mean you are actually driving a moving vehicle. In other states, it may be enough to be behind the wheel with a key in the ignition.
• Under the influence or while intoxicated. You can be charged with DUI if you were observed driving erratically or if you fail a field sobriety test.

These elements may be proven based on the subjective witness testimony of a police officer. Field sobriety test results are also commonly used to prove intoxication.

Blood Alcohol Content (BAC)

The most common field sobriety test is a breathalyzer that measures the alcohol concentration in your bloodstream. Your blood alcohol content can affect your judgment, mood, and muscle control.

In most states, a BAC of 0.08% or higher is considered legally intoxicated. Some states have lower legal BAC limits for certain drivers, such as commercial drivers or those under the legal drinking age. For example, Texas law makes it illegal for a person under 21 to drive with any measurable BAC.

In addition to breathalyzer tests, BAC can be measured using blood or urine tests.

Can You Refuse a Breathalyzer Test?

You can refuse to take a breathalyzer test, but doing so risks other consequences. Many states have implied consent laws. This means that operating a vehicle on a public road provides your consent to sobriety testing. In many cases, the police officer that pulled you over will still arrest you for DUI based on the driving behavior that led them to pull you over in the first place.

In some states, refusing a field sobriety test results in the automatic suspension of your driver’s license. It may also be used against you in court. It is best to speak with a lawyer before refusing to take the test.

What Happens When You Get Arrested for DUI

A DUI arrest usually starts with a traffic stop where a police officer suspects you may be impaired. The officer may ask you to perform field sobriety tests or take a breathalyzer test. If you fail these tests or refuse to take them, you can be arrested on suspicion of DUI.

After your arrest, the following will occur:

• Booking. You will be taken to a police station or jail where your fingerprints and photograph will be taken. You may be able to post bail or may be held in custody until your arraignment.
• Arraignment. This is the formal charging hearing, where you will have the opportunity to enter a plea of guilty or not guilty.
• License suspension. In many states, DUI arrest results in the immediate suspension of your driver’s license. Challenging this is a separate administrative process from your criminal case and does not wait for a conviction to be active.
• Plea bargaining. Before a trial, it may be possible to negotiate reduced charges with the prosecutor in exchange for a guilty plea. A criminal defense lawyer can be very helpful in pursuing this option.
• Trial. If you plead not guilty, then your case will proceed to a trial before a judge or jury.

Criminal case procedures vary by jurisdiction. This makes having a qualified criminal defense lawyer on your side useful to avoid mistakes handling your case. Fill out the form on this page to connect with a lawyer near you.

DUI Consequences

A DUI is a criminal conviction. Getting a DUI may result in:

• Fines. DUI fines can range from hundreds to thousands of dollars, depending on the severity of the offense and your state's laws.
• License suspension. Many states suspend your driver’s license immediately after a DUI arrest. Your suspension may start or be extended following a DUI conviction.
• Jail. In some cases, jail time may be required after a DUI conviction. This is most common if you have prior convictions, a high BAC, or injured someone by driving while intoxicated.
• Probation. Some states will allow you to complete conditions instead of reporting to jail. Others require probation after imprisonment. This may include completing drug and alcohol education programs.
• Increased insurance. Even after a first DUI conviction, your car insurance rates are likely to rise even if you did not have an accident. This is because the insurance company is more likely to view you as a high-risk driver.

Most states increase the potential consequences based on the number of previous convictions. There are also often aggravating factors, such as causing injury to others or driving with an elevated BAC, that will lead to more severe consequences.

How To Hire a DUI Lawyer

Follow these steps when you’re ready to hire a DUI litigation lawyer:

• Look for DUI expertise. DUI laws vary by state and are a unique area of law. Be sure to hire a lawyer who regularly handles this type of case.
• Book a consultation. Speak with the lawyer you are considering before you commit to hiring them. Be honest about your case and ask any questions you have up front.
• Consider fees. Most criminal defense lawyers charge by the hour. You don’t have to choose the most expensive lawyer to gain good representation, but don’t let price be your only consideration.

ConsumerShield specializes in connecting you with the right lawyer for your case. Fill out the form on this page to get started.