A DUI case proceeds along two parallel tracks: a criminal case in court and an administrative case at the DMV. Each has its own deadlines, hearings, and consequences. Missing a single deadline — particularly the 10-to-30-day DMV hearing request — can cost you your license before the criminal case is even heard.
1. Traffic Stop & Field Sobriety Tests
An officer needs 'reasonable suspicion' of a traffic violation or impairment to stop you. Field sobriety tests (FSTs) are voluntary in nearly every state, and refusal cannot be used as evidence of guilt at trial. The officer is also evaluating your speech, eyes, balance, and the smell of alcohol throughout the encounter.
2. Arrest & Chemical Test
If the officer establishes probable cause, you are arrested. Implied-consent laws then require you to submit to a post-arrest breath, blood, or urine test. Refusal triggers automatic license suspension (longer than a DUI suspension in many states) and can be used against you at trial.
3. Booking & Release
You are transported to jail, fingerprinted, photographed, and held in a holding cell for 4–12 hours until released on bail, on your own recognizance, or to a sober adult. Your vehicle is impounded — recovery typically costs $200–$500.
4. DMV Hearing — 10-to-30-Day Deadline
You must request an administrative DMV hearing within 10 to 30 days (varies by state) to contest the automatic license suspension. This is separate from the criminal case and uses a lower burden of proof.
Missing this deadline forfeits your right to contest the suspension entirely. Always calendar this date the day of arrest.
5. Arraignment
Your first court appearance, usually within 30–60 days of arrest. The charges are formally read, you enter a plea (typically not guilty at this stage), and bail conditions are set. Most defendants are not required to attend if represented by counsel.
6. Pre-Trial Motions & Discovery
Defense counsel obtains the police report, dash-cam and body-cam video, breathalyzer maintenance and calibration records, and any blood-test laboratory documentation. Motions to suppress evidence — based on an unlawful stop, Miranda violation, or chemical-test irregularities — are filed here.
Most dismissals and reductions happen at this stage, not at trial.
7. Plea or Trial
Roughly 90% of DUI cases resolve by plea agreement — often a reduction to a 'wet reckless,' diversion, or a stipulated DUI with mitigated penalties. The remaining 10% go to a jury or bench trial, which typically lasts 1–3 days.
8. Sentencing
Upon conviction or guilty plea, the court imposes a sentence: fines and court costs, jail or probation, license suspension, ignition interlock device, mandatory DUI school or treatment, community service, and possible vehicle impoundment. The DMV implements its own license actions in parallel.
Frequently Asked Questions
How long does a DUI case take?
Most cases resolve in 3–6 months from arrest to sentencing. Trials and complex motion practice can extend cases to 12 months or more.
Do I need a lawyer for a DUI?
Strongly recommended. Most DUI attorneys offer a free consultation; even a single successful motion to suppress can save you thousands of dollars and avoid conviction entirely.
What is the DMV hearing deadline?
Usually 10 days from arrest in most states (up to 30 in a few). Missing the deadline forfeits your right to contest the automatic license suspension.
Can I refuse the breath test?
Yes, but every state's implied-consent law triggers automatic license suspension and additional penalties. Refusal can also be used as evidence of consciousness of guilt at trial.
What happens at arraignment?
The judge reads the charges, you enter a plea (almost always 'not guilty' at this stage), and bail conditions are set. Most attorneys appear on your behalf so you do not need to attend.
Related DUI guides
Safety notice and legal disclaimer
Never drive after drinking or using impairing substances. If you have been arrested or charged with a DUI/DWI, contact a licensed attorney in your state immediately — administrative license deadlines often run within days of arrest.
This page is general legal information published by the DUIGuide.us editorial team, not legal advice, and it does not create an attorney-client relationship. Laws change frequently; verify statutes and court rules with official state sources or licensed counsel. See our editorial policy and full disclaimer.