First-Offense DUI: What to Expect

A first DUI (called DWI or OWI in some states) is stressful but usually survivable, especially if you act quickly. The key thing to understand is that you're facing two separate cases at once.

Track 1: Your driver's license

In most states, an arrest with a test result over the limit, or a refusal to test, triggers an administrative license suspension handled by the motor vehicle agency, separate from the criminal court. You usually have only a short window, often 7 to 30 days, to request a hearing to challenge it. Miss it, and the suspension often starts automatically. See the DUI license suspension hearing.

Track 2: The criminal case

The criminal charge goes through court like other misdemeanors: arraignment, discovery, negotiations, and trial if there's no resolution. A first-offense DUI without injuries is usually a misdemeanor.

Typical first-offense penalties

These vary widely by state, but commonly include some combination of:

• Fines and court costs, often adding up to well over a thousand dollars.
• License suspension, sometimes with a restricted or hardship license for work.
• Probation.
• Alcohol education or treatment.
• An ignition interlock device, required for first offenders in many states.
• Jail time. Some states impose short mandatory minimums, often served or partly suspended for first offenders.

Penalties increase with a high blood alcohol level, a child in the car, an accident or injury, or a refusal to test.

The real cost goes beyond the fine

Insurance premiums typically rise sharply, often for several years, and some states require an SR-22 filing. Add towing and impound, interlock fees, classes and lost work time.

Possible defenses

A DUI lawyer will look at: whether the traffic stop was legal; how field sobriety tests were given; whether breath test machines were calibrated and operators certified; how blood samples were handled; and whether your rights were respected. Even when guilt isn't seriously disputed, a lawyer can often negotiate a reduced charge (sometimes called a "wet reckless") or entry into a first-offender program in states that offer one.

What to do now

1. Write down everything you remember about the stop.
2. Note your license-hearing deadline and request the hearing.
3. Talk to a DUI lawyer before your first court date.
4. Don't drive if your license is suspended.

Find a DUI lawyer near you. Many offer free consultations and flat fees. Related: how much a criminal defense lawyer costs.

This guide is general information, not legal advice. DUI laws and penalties vary by state.