DUI Basics
What Happens After a DUI Arrest, Step by Step
What Happens After a DUI Arrest?
What happens after a DUI arrest is two separate cases at once: a license case that moves fast and a criminal case in court. The license deadline comes first. Depending on the state, you have as few as 7 days from the notice (Alaska, Colorado, Washington) or as many as 90 (Illinois) to challenge the suspension, and in 22 of the 42 jurisdictions with a fixed deadline it is 10 days or fewer. Find your last day with the DUI deadline calculator, then follow the steps below.
What happens after a DUI arrest is not one process but two. A license case starts right away, run by the state’s driver agency or a court, and it has a short deadline. A criminal case runs on its own schedule in court. The license deadline is the one that slips past people, so it comes first here.
Your License Deadline Comes First
In most states, the paperwork the officer handed you is also a notice that your license will be suspended. You have a fixed number of days to challenge that suspension, and if you miss the window, the suspension usually takes effect on its own.
How many days you get depends entirely on the state:
- 7 days: Alaska, Arkansas, Colorado, Connecticut, Idaho, Vermont and Washington. These are the shortest common deadlines.
- 10 days: 14 jurisdictions, including California, Florida, Iowa, Maryland, Oregon, Utah and Wisconsin.
- 14 to 20 days: Kansas and Michigan (14), Delaware, Massachusetts, Missouri and Texas (15), and Wyoming (20).
- 30 days: Arizona, Louisiana, New Hampshire, South Carolina and others.
- Longest: Minnesota (60 days to petition the district court) and Illinois (90 days to file in circuit court).
In 22 of the 42 jurisdictions with a fixed deadline, you have 10 days or fewer to challenge your license suspension. Run your state and the date on your notice through the DUI deadline calculator to get your last day.
Read the number carefully, because it doesn’t always mean the same thing. In Illinois, the 90 days is for a written request for a judicial hearing, and filing it doesn’t delay the suspension (625 ILCS 5/2-118.1). In Ohio, you appeal the administrative suspension in court at your initial appearance or within 30 days after it (Ohio Rev. Code § 4511.197). In Pennsylvania, there is no pre-conviction suspension for a failed test; the 30 days is for appealing a PennDOT suspension order, such as one for a refusal, to the county court of common pleas (75 Pa.C.S. § 1550). In West Virginia, the 30 days applies only to a court refusal review after your first appearance. Wisconsin’s 10 days are business days. Hawaii works differently: you have 3 days from the notice to send written information for an automatic review, then 6 days from the mailed review decision to request a hearing.
A few states set no request deadline at all. In New York, no request is needed: the court suspends your license at arraignment, and after a refusal the DMV schedules the hearing (N.Y. Veh. & Traf. Law § 1194). In Kentucky, the court suspends at arraignment in certain cases, and you can move for judicial review. In Nevada, you may request one DMV hearing at any time while you are ineligible to drive.
What Happens After a DUI Arrest, in Order
The details change by state, but the sequence is broadly the same. Here it is in the order most people meet it.
- The stop, the arrest and the test request. After a DUI arrest, the officer asks for a breath, blood or urine test under your state’s implied consent law. Refusing has its own penalties, usually a longer suspension than failing.
- The license notice and a temporary permit. The officer often takes your license and gives you a notice that doubles as a short temporary license. In Alaska it expires 7 days after delivery. Delaware issues a 15-day temporary license, Maryland a 45-day one, and Mississippi’s receipt serves as a 30-day permit. In Florida, the 10-day temporary permit expires at midnight on the 10th day (Fla. Stat. § 322.2615). In California, you may drive for 30 days from the date of the order if your license is valid.
- The hearing request. This is the step with the deadline. In Wyoming, a timely request stays the suspension until the hearing order and any appeal. In Maryland, a request within 10 days keeps your temporary license valid until the hearing. Some states offer a trade instead: in Florida, you can ask for a business-purposes-only restricted license, which waives the formal and informal review.
- The first court appearance. This is your first date in the criminal case, and in some states the license is decided here too. In North Carolina, you can ask for a hearing on the immediate civil revocation at your initial appearance before the magistrate. In West Virginia, the court must advise you of your right to a refusal review hearing. If you can’t afford a lawyer, ask the court about a public defender at this appearance.
- The license hearing and the start of the suspension. In Utah, the hearing is held within 45 days after arrest, and a first suspension starts on the 60th day after arrest. In Idaho, the suspension starts 30 days after service of the notice. In Texas, without a hearing request, it starts on the 40th day after notice.
- The criminal case resolves. The court case ends by dismissal, a plea or a trial. If you are convicted, the sentence follows your state’s penalty statute, and prior offenses inside the lookback period raise it. The DUI penalty estimator shows the range by state and offense, and the lookback checker shows whether a prior counts.
- Getting your license back. Reinstatement usually means finishing the suspension and meeting conditions. In North Carolina, getting the license back after the civil revocation costs $100. In South Carolina, if the suspension is upheld or you don’t request a hearing, you must enroll in ADSAP. Many states also require an SR-22 filing or an ignition interlock.
Two Cases at Once: Your License and the Criminal Charge
People are often surprised that the license case and the criminal case are separate. Texas describes its program as “a civil administrative process,” and says the suspension “is unrelated to the criminal court proceedings.” California says DMV sanctions “are independent of any court-imposed jail sentence, fine, or other criminal penalty.”
| License case | Criminal case | |
|---|---|---|
| Who runs it | The state’s driver agency, or a court in some states | The criminal court and the prosecutor |
| What starts it | The officer’s notice at arrest | The charge filed in court |
| First deadline | As short as 7 days to challenge the suspension | Your first court date |
| What’s at stake | Your driving privilege | Jail, fines, probation and a record |
| Where to read your state’s rules | State pages | State comparison |
Because they are separate, the license case can end before the criminal case starts in earnest, and an outcome in one doesn’t decide the other.
Days to Request a License Hearing by State
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
Is Your License Suspended Immediately After a DUI?
Sometimes, but in many states you get a short window first. Three patterns show up in the state laws:
- Immediate. North Carolina imposes an immediate civil revocation of at least 30 days for a test of 0.08 or more (N.C. Gen. Stat. § 20-16.5). Maine and Massachusetts suspend immediately after a refusal, and Ohio’s refusal suspension runs from the moment the officer serves the notice.
- After a temporary permit. In California, you may drive for 30 days on the order, and a first suspension for a test of 0.08 or more at age 21 or older is 4 months. See California license suspension. In Florida, the 10-day permit runs out and a first suspension is 6 months. See Florida license suspension. In Wisconsin, the 6-month administrative suspension starts when the 30-day temporary license on the notice expires.
- Not before conviction for a failed test. Pennsylvania and West Virginia have no pre-conviction administrative suspension for a failed test. Suspension follows a conviction. A refusal is different in both states. See Pennsylvania license suspension.
How Long Is Your License Suspended After a DUI?
For a first failed test, the administrative suspension runs from about 30 days to a year, depending on the state. Repeat offenses within the lookback period bring longer suspensions everywhere.
| First failed test | State | Administrative suspension |
|---|---|---|
| Short | Missouri | 30 days, then a 60-day restricted privilege with interlock |
| Short | Connecticut | 45 days, then 6 months of interlock (age 21+) |
| Common | Texas, Oregon, Washington | 90 days |
| Common | Florida, New Mexico, Wisconsin | 6 months |
| Longer | Colorado | 9 months |
| Longest | Hawaii | 1-year revocation with no prior contact in 10 years |
Texas sets 90 days with no alcohol- or drug-related contact in the previous 10 years, and 1 year with one or more (Tex. Transp. Code § 524.022). See Texas license suspension. A refusal usually costs more: in Texas it is 180 days.
Whether you can drive during the suspension depends on the state’s hardship license rules and whether an interlock shortens the wait. In Maine, a first-offense suspension of 150 days can drop to 30 days with an ignition interlock.
The table below lists every state’s deadline, who handles the request, and the suspension for a failed test and a refusal.
Arrested for OWI: The Same Process Under Another Name
Indiana, Iowa, Michigan and Wisconsin call the offense OWI, operating while intoxicated. The name changes, but the two-track process doesn’t. The OWI guide explains the terms.
- Iowa: you have 10 days from service of the notice of revocation. Mark the contest box on the notice and return it with a written statement of your reasons (Iowa Code § 321J.13).
- Wisconsin: you have 10 business days from receiving the Notice of Intent to Suspend to request an administrative review, using the form the officer gives you. A refusal is handled separately in court, with 10 days to request a hearing (Wis. Stat. § 343.305). See Wisconsin license suspension.
- Michigan: after a refusal, you have 14 days from the officer’s written notice to request an implied consent hearing with the Secretary of State (MCL 257.625f).
- Indiana: there is no state agency hearing. You file a verified petition for a prompt judicial hearing in the court where the charges are pending (IC 9-30-6-10).
What to Do This Week
- Find the notice and the date on it. It tells you which agency or court handles the license and when the clock started.
- Request the hearing before the deadline. Use the deadline calculator, then follow the request method on your state’s page from the state list.
- Write down your court date. Put it in your calendar with the hearing deadline.
- Get legal help. Contact a lawyer licensed in your state or your state bar’s lawyer referral service, or ask the court about a public defender at your first appearance. The guide to finding a DUI lawyer explains how to check a lawyer’s license.
- Don’t drive once a suspension starts. Check whether you qualify for a restricted or interlock license first.
- Read your likely penalties. Start with the first DUI guide, or the felony DUI guide if you have prior offenses.
If you were stopped at a roadblock, the DUI checkpoints guide explains where they are legal and how they work.
Frequently Asked Questions
Can I Drive on the Paper the Officer Gave Me?
In many states, yes, for a short time. The notice often doubles as a temporary license: 7 days in Alaska and Nevada, 15 days in Delaware, 30 days in Mississippi and Wisconsin, and 45 days in Maryland. Check the dates on your notice and your state page, and request your hearing before the deadline.
Does Winning the License Hearing End the Criminal Case?
No. The two cases are separate. Texas says its administrative suspension is unrelated to the criminal court proceedings, and California says DMV sanctions are independent of any court-imposed penalty. Each case has its own outcome.
Can I Get a Court-Appointed Lawyer for a DUI?
If you can't afford a lawyer and face possible jail, yes. The Supreme Court held in Argersinger v. Hamlin (1972) that no one may be jailed after a criminal prosecution, felony or misdemeanor, in which they were denied the assistance of counsel. Ask the court about a public defender at your first appearance.
What if I Missed the Hearing Deadline?
The suspension usually takes effect on schedule. In Texas, a late request is denied and the suspension starts on the 40th day after notice. Some states have narrow exceptions: Louisiana allows up to 90 days from arrest if jail, a hospital stay or another accepted cause prevented a timely request. A lawyer licensed in your state can tell you what options remain.
Does a Refusal Change What Happens Next?
Yes. A refusal usually brings a longer suspension and sometimes a separate charge. In New York, the court suspends your license at arraignment and DMV schedules a refusal hearing. The implied consent guide covers every state.
How Long Will the DUI Stay on My Record?
That depends on the state's lookback period and its record rules. The DUI record guide explains each state's rule, and the lookback checker shows whether a prior counts.
More on DUI Basics
- DUI vs DWI vs OWIWhat each term means and which states use which
- What OWI MeansOperating while intoxicated, and the states that use the term
- Blood Alcohol LimitsThe 0.08 limit, commercial and under-21 limits, and enhanced-BAC tiers
- Implied ConsentWhat refusing a breath or blood test costs you, state by state
- DUI CheckpointsWhich states allow sobriety checkpoints and where agencies announce them
- Finding a DUI LawyerWhat a DUI lawyer does, public defenders, and how to check a lawyer's license
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.
Sources
- Texas DPS: Administrative License Revocation program
- California DMV: Driving under the influence
- Argersinger v. Hamlin, 407 U.S. 25 (1972), U.S. Reports at the Library of Congress
- 625 ILCS 5/2-118.1 (Illinois judicial hearing)
- Fla. Stat. § 322.2615
- N.Y. Veh. & Traf. Law § 1194
- Wis. Stat. § 343.305
- 75 Pa.C.S. ch. 15 (Pennsylvania)