First DUI offense: what happens next
A first DUI is serious but usually a misdemeanor, and many people have options. What you do in the first days matters most, because the license deadline comes first.
Updated October 2026 · Sources are linked in the text · General information, not legal advice.
Two cases at once
1. The license case. Your state's motor vehicle agency can suspend your license based on the test result or a refusal. It has its own short deadline to request a hearing.
2. The criminal case. This goes through court, starting with an arraignment. The outcome can range from dismissal to a reduced charge to a conviction with fines, classes, probation and possibly jail.
License hearing deadlines
| State | Time to request a hearing | Agency |
|---|---|---|
| California | 10 days | California DMV (Driver Safety Office) |
| Texas | 15 days | Texas Department of Public Safety (DPS) |
| Florida | 10 days | Florida DHSMV (Bureau of Administrative Reviews) |
| Arizona | 30 days | Arizona Department of Transportation (MVD) |
| Georgia | 30 days | Georgia Department of Driver Services (DDS) |
From the notice date. Sources are on each state page. Other states have their own deadlines, often 7–30 days: check your notice.
First-offense license suspensions (examples)
| State | Over the limit, first offense | Source |
|---|---|---|
| California | 4-month suspension (21+) | California DMV: Driving under the influence |
| Florida | 6 months | Florida Statutes §322.2615 |
| Texas | 90 days (no contact in prior 10 years) | Texas Transportation Code §524.022 |
| Arizona | At least 90 days | Arizona Revised Statutes §28-1385 |
Do you need a lawyer for a first DUI?
You're not required to hire one, but a DUI lawyer can request the license hearing, review the stop and the testing, and explain realistic outcomes in your court. Many offer a free consultation. See what DUI lawyers cost.
Free tool
License suspension & deadline checker
Pick the state where you were arrested to see how long you have to ask for a license hearing and how long suspensions run.
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Quick answers
Will I go to jail for a first DUI?
It depends on your state, your BAC, whether there was a crash and other facts. A local DUI lawyer can tell you what's realistic in your court.