Question 1

Is a first DUI a felony?

Accepted Answer

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.

Question 2

Can I get my license back early?

Accepted Answer

Many states offer a restricted or hardship license, sometimes with an ignition interlock device. Ask a local lawyer.

Question 3

Can I refuse a breath test?

Accepted Answer

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.

Question 4

Will I go to jail for a first DUI?

Accepted Answer

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.

Question 5

How long does a DUI stay on my record?

Accepted Answer

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.

Question 6

Is there a deadline to save my driver’s license?

Accepted Answer

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.

Question 7

Can I drive to work after a DUI?

Accepted Answer

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.

Question 8

Do I need a lawyer for a first DUI?

Accepted Answer

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.

Common questions: Pulled over for DUI