Should I take the breathalyzer test if pulled over?

Refusing has its own automatic penalty in most states under implied consent laws and can be used against you, so this is worth thinking through in advance — the right answer depends on your state and situation.

Will I automatically lose my license?

Often yes, at least temporarily, through the separate DMV administrative process, and that clock frequently runs on a shorter deadline than the criminal case, so you may need to request a hearing within days of the arrest to preserve driving privileges.

Do I need a lawyer for a first DUI?

Even a 'simple' first offense has real consequences — fines, license impact, insurance, a criminal record — and a lawyer can often negotiate reduced charges or diversion programs that aren't obvious options if you go it alone.

What's the difference between DUI and DWI?

In most states they're just different names for the same offense. A handful of states use both terms for different severity levels or substances, so check your state's specific terminology.

Can I get a restricted license to drive to work?

Many states offer a restricted or hardship license for work, school, or medical needs during a suspension, often with conditions like an ignition interlock.

Does a DUI ever get expunged?

Depends heavily on the state, sometimes on whether it's a first offense, and often only after a waiting period. Some states don't allow DUI expungement at all.

DUI / DWI

Legal information last reviewed: July 3, 2026

A DUI or DWI charge actually starts two separate processes at once: a criminal case in court, and, in most states, a separate administrative license action with your state's DMV — each with its own deadlines and consequences.

Two tracks: criminal court and the DMV

The DMV can suspend your license administratively based on the arrest and test result alone, often with a very short window — sometimes as little as 10 days — to request a hearing to fight it, separate from whatever happens in the criminal case.

BAC limits and per se laws

The per se legal limit is 0.08% BAC for drivers 21 and older in most states — Utah is stricter at 0.05% — with lower limits for commercial drivers and zero-tolerance limits for drivers under 21. Being over the limit is enough on its own for a per se violation, regardless of whether driving was actually impaired. Because thresholds and penalties vary by state, check your state's current statute.

Field sobriety and chemical tests

Most states have 'implied consent' laws, meaning that by driving you've already agreed to chemical testing if lawfully arrested for DUI. Refusing a test typically triggers its own automatic license penalty, separate from the DUI charge itself.

Penalties and enhancements

Penalties typically scale with prior offenses and aggravating factors like a high BAC, an accident, a minor in the vehicle, or refusal to test. A second or subsequent DUI within a set look-back period usually means significantly steeper penalties.

Ignition interlock and license reinstatement

Many states require an ignition interlock device for some period after a DUI, sometimes even for a first offense, as a condition of getting a full or restricted license back.

When to hire a lawyer

Hire a DUI lawyer immediately, even for a first offense. The administrative license deadline can be as short as a week or two, and an experienced local DUI attorney often knows about diversion programs, test-accuracy challenges, and negotiation options that materially change the outcome.

Frequently asked questions

Should I take the breathalyzer test if pulled over?: Refusing has its own automatic penalty in most states under implied consent laws and can be used against you, so this is worth thinking through in advance — the right answer depends on your state and situation.
Will I automatically lose my license?: Often yes, at least temporarily, through the separate DMV administrative process, and that clock frequently runs on a shorter deadline than the criminal case, so you may need to request a hearing within days of the arrest to preserve driving privileges.
Do I need a lawyer for a first DUI?: Even a 'simple' first offense has real consequences — fines, license impact, insurance, a criminal record — and a lawyer can often negotiate reduced charges or diversion programs that aren't obvious options if you go it alone.
What's the difference between DUI and DWI?: In most states they're just different names for the same offense. A handful of states use both terms for different severity levels or substances, so check your state's specific terminology.
Can I get a restricted license to drive to work?: Many states offer a restricted or hardship license for work, school, or medical needs during a suspension, often with conditions like an ignition interlock.
Does a DUI ever get expunged?: Depends heavily on the state, sometimes on whether it's a first offense, and often only after a waiting period. Some states don't allow DUI expungement at all.

DUI / DWI laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Criminal Law

How criminal cases move through the system, from charges to sentencing.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.