Charged with DUI
Do I Need a Lawyer for a DUI?
Yes, almost always. A DUI conviction follows you for life on most criminal records, costs $10,000–$15,000 in fines, fees, premium increases, and lost income, and the administrative license suspension runs on a 10-day clock that starts the moment you were arrested. Here is what every DUI defendant needs to know.
The Short Answer
Hire a DUI lawyer the day you're released. Most states impose a 10-day deadline to request the DMV hearing — miss it, and your license is suspended automatically regardless of the criminal case. A DUI conviction in most states cannot be expunged. The fee for a contested first-time misdemeanor DUI is $2,500–$7,500; total cost of conviction (fines + premiums + lost income) runs $10,000–$15,000+.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
The 10-day clock
When you are arrested for DUI, two cases start at once. The criminal case begins with the arraignment. The administrative license case begins immediately — and in most states, you have only 10 days to request the DMV hearing.
If you miss the 10-day deadline, the suspension goes into effect automatically — with no hearing, no defense, no review. In many states the suspension runs even if you are later acquitted of the DUI. That is why the first phone call should be to a DUI lawyer, not to a friend.
Most DUI firms file the DMV hearing request the same day they're retained. The hearing itself is typically 30 to 90 days later, with the suspension stayed in the meantime.
Why you almost always need a lawyer
Mandatory minimum penalties. Even a first DUI typically carries mandatory jail (or community service in lieu), license suspension, ignition interlock, and substantial fines — not to mention 5 to 10 years of insurance premium increases.
DUI convictions cannot be expunged in most states. The conviction is forever on background checks for jobs, professional licenses, security clearances, and many state bars. Your lawyer's job is to keep the conviction off your record — through diversion, reduction to wet-reckless, or acquittal.
Defenses are technical and time-sensitive. Was the stop legal? Was the field-sobriety test administered to NHTSA standards? Was the breath machine certified? Was the blood draw within the statutory window? Was the chain of custody intact? Each is a possible motion to suppress; each requires fast legal work.
Diversion programs exist. Many states offer a one-time, first-offense diversion (Oregon DUII Diversion, California DEJ-style programs, Florida PTI). Successful completion = dismissal. Eligibility deadlines and decision points come early — your lawyer needs to evaluate them at intake.
Felony DUIs (third offense in many states; any DUI with serious injury or death) carry mandatory prison. Self-representation is not viable.
When self-representation might be viable
Almost never, but with two narrow exceptions:
1. You have already accepted that you will plead guilty, the prosecutor's standard offer is non-negotiable in your jurisdiction, the case is your first offense with no aggravating factors, and you cannot afford counsel and do not qualify for a public defender. In that case, paying $200 for a single consultation hour with a DUI lawyer to review the offer is still wise.
2. The charge is a non-DUI lesser offense (open container, public intoxication, reckless driving without alcohol involvement). Even here, a single consultation typically pays for itself in avoided plea consequences.
What does a DUI lawyer cost?
First-time misdemeanor, no trial: $2,500 to $5,000 flat fee in most cities. The fee typically covers the DMV hearing, motion practice up to plea negotiation, and court appearances through resolution.
First-time misdemeanor, contested through jury trial: $5,000 to $10,000 — often quoted as a base fee with a trial fee added if the case proceeds.
Second-offense DUI: $5,000 to $12,000.
Felony DUI (third offense, injury, death): $15,000 to $50,000+. Federal DUI on military bases or federal property: $25,000+.
Total cost of a first-time DUI conviction (fines + court costs + DUI school + ignition interlock + premium increases + license-reinstatement fees + lost income) runs $10,000 to $15,000+ in most states. The lawyer's fee is small compared to a conviction's lifetime cost.
What a DUI lawyer actually does
Files the DMV hearing request within 10 days. Stops the automatic license suspension.
Reviews the police report, body-cam footage, dash-cam footage, and breath/blood test records for any defect in the stop, arrest, or testing.
Files motions to suppress evidence — challenging the stop, the field-sobriety test administration, the breath-machine maintenance records, the blood-draw chain of custody.
Negotiates with the prosecutor — for diversion, deferred prosecution, reduction to wet-reckless, or dismissal of secondary charges.
Tries the case if no acceptable plea is offered. A jury-trial-credible firm gets meaningfully better plea offers than one that only files paperwork.
Handles the DMV side: hardship licenses, ignition-interlock-device installation, suspension review.
Things to do in the first 24 hours
Don't talk to police beyond identifying yourself. Anything you say will be used. Politely invoke your right to counsel.
Document everything you remember while it's fresh — what you ate, drank, how much, when. Where you were. How you felt. Your lawyer will want this in writing.
Don't post about the arrest on social media.
Call a DUI lawyer the day you're released. Most offer free initial consultations and many have 24/7 intake.
Take photos of any injuries, bruises, or marks from the arrest if applicable.
Keep all paperwork — bond receipt, citation, hospital paperwork if blood was drawn, jail release paperwork.
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Frequently asked questions
What happens if I miss the 10-day DMV deadline?
Your license is suspended automatically. No hearing, no defense, no review. The suspension runs separately from the criminal case — it can apply even if you are acquitted of the DUI. Call a DUI lawyer immediately.
Will I go to jail for a first-offense DUI?
Most first-offense misdemeanor DUI sentences avoid jail through community service, suspended sentences, or diversion. But mandatory minimums vary widely — some states require 24–48 hours; some don't. Your lawyer will know the local rule.
Can a DUI be expunged?
In most states, no. A DUI conviction stays on your record forever and shows up on most background checks. This is the strongest reason to fight a DUI rather than plead it quickly.
Will my insurance go up?
Yes, typically 50% to 150% for 3 to 5 years. Some carriers refuse to renew DUI convictions altogether and you end up in high-risk pools.
Should I refuse the breath test?
It depends on the state and your circumstances. Refusing usually triggers a longer license suspension but denies the prosecution evidence. Talk to a DUI lawyer immediately — refusal decisions are case-specific and often misunderstood.
What is wet reckless?
A reduced charge ("reckless driving with alcohol involvement") that carries lower penalties, no minimum jail, and often shorter license suspension. Available in some states by negotiation. Whether you can get one depends on BAC, prior history, and the strength of the prosecution's case.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team