# Pulled over for DUI: what happens next > Pull over safely, stay calm and polite, and show your license, registration and insurance. You can politely say you want a lawyer. Your license can be suspended quickly, and some states give you only days to ask for a hearing, so talk to a DUI lawyer soon. - URL: https://explained.page/pulled-over-for-dui - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=pulled-over-for-dui ## Step by step 1. **Lights behind you?** Stay calm. Here’s what to do if you’re pulled over. 2. **Signal and pull over somewhere safe.** Turn on the inside light, keep your hands on the wheel, and wait. 3. **Hand over your license, registration and insurance.** Stay polite. Tell the officer before you reach for anything. 4. **You have the right to stay quiet.** Give your basic information. Beyond that, you can politely ask for a lawyer. 5. **The breath test.** The officer may ask you to blow into a small device like this one. 6. **Your license can be suspended fast.** Some states give you only days to ask for a hearing. Don’t wait. 7. **Talk to a DUI lawyer before your first court date.** Many offer a free first call. Bring all your papers. 8. **Look it up the right way.** Search with your town or state in the words. Pick the official site: it usually ends in .gov. Skip ads and sites that charge for free forms. 9. **Don’t drive if your license is suspended.** It turns one problem into two. Ask your lawyer about a work license. ## Checklist - Pull over somewhere safe - Stay calm and polite - Show license, registration and insurance - You can ask for a lawyer - Ask about the deadline for a license hearing - Don’t drive if your license is suspended - Talk to a DUI lawyer before court ## During the stop - Signal and pull over somewhere safe. Turn on the inside light and keep your hands on the wheel. - Show your license, registration and proof of insurance. - Stay polite. You don’t have to answer every question; you can calmly say you’d like to speak to a lawyer. ## The breath test Rules differ by state. In most states, refusing an official breath or blood test can lead to losing your license, even if you are never convicted. Ask a lawyer how this works where you live. ## The first days matter Your license can be suspended quickly, and some states give you only a short window to ask for a hearing. Read every paper you were given and call a DUI lawyer right away. Don’t drive if your license is suspended; ask about a work or hardship license. ## Common questions ### Is a first DUI a felony? Usually a first DUI is a misdemeanor, but injuries, a child in the car, or very high readings can make it more serious. It depends on your state. Source page: https://explained.page/pulled-over-for-dui/questions/is-a-first-dui-a-felony ### Can I get my license back early? Many states offer a restricted or hardship license, sometimes with an ignition interlock device. Ask a local lawyer. Source page: https://explained.page/pulled-over-for-dui/questions/can-i-get-my-license-back-early ### Can I refuse a breath test? You can, but it usually has a cost. Most states have “implied consent” laws, so refusing the official test after an arrest often means an automatic license suspension, and the refusal can be used in court. Rules differ for roadside tests, so check your state. Source page: https://explained.page/pulled-over-for-dui/questions/can-i-refuse-a-breath-test ### Will I go to jail for a first DUI? Many first DUIs end with fines, a license suspension, classes and probation, but some states have mandatory jail time, even short. Your record, your test result and whether anyone was hurt matter. Talk to a lawyer about your state. Source page: https://explained.page/pulled-over-for-dui/questions/will-i-go-to-jail-for-a-first-dui ### How long does a DUI stay on my record? On your criminal record, often permanently unless your state allows it to be cleared (expunged). On your driving record, it usually stays for several years, often 5 to 10 or more, depending on the state. Source page: https://explained.page/pulled-over-for-dui/questions/how-long-does-a-dui-stay-on-my-record ### Is there a deadline to save my driver’s license? Often yes, and it can be short. Many states give you only a few days to a few weeks after the arrest to ask the DMV for a hearing. Read your paperwork right away and look for the deadline. Source page: https://explained.page/pulled-over-for-dui/questions/is-there-a-deadline-to-save-my-drivers-license ### Can I drive to work after a DUI? Maybe. Many states offer a restricted or hardship license, sometimes only with an ignition interlock device (a breath tester in your car). You usually have to apply for it. Source page: https://explained.page/pulled-over-for-dui/questions/can-i-drive-to-work-after-a-dui ### Do I need a lawyer for a first DUI? It’s strongly recommended, because a DUI affects your license, job and insurance for years. If you can’t afford one, ask the court about a public defender. Source page: https://explained.page/pulled-over-for-dui/questions/do-i-need-a-lawyer-for-a-first-dui ## Official sources - [NHTSA: drunk driving](https://www.nhtsa.gov/risky-driving/drunk-driving) - [USA.gov: state motor vehicle services](https://www.usa.gov/) To find your local office, search for: - "[your state] DMV administrative hearing DUI" - "[your county] public defender" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.