{"id":286721,"date":"2016-08-02T23:47:38","date_gmt":"2016-08-03T04:47:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/first-offense-dui.html"},"modified":"2026-03-31T15:42:30","modified_gmt":"2026-03-31T20:42:30","slug":"first-offense-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/first-offense-dui.html","title":{"rendered":"First Offense DUI: What Will Happen?"},"content":{"rendered":"\n
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First Offense DUI: What Will Happen?<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

If you or a loved one is arrested for the first time with DUI charges<\/span>, certain penalties begin immediately. You may need to spend the night in jail and face a driver\u2019s <\/span>license<\/span> suspension<\/span>. A first-time <\/span>DUI<\/span> conviction<\/span> can lead to other penalties, such as fines and jail time<\/span>. While the penalties are often higher for secondary offenses, a first offense<\/span> can still have a profound impact on your life.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Getting arrested for a first offense<\/span> of driving under the influence<\/span> is a serious ordeal. States have enacted strict penalties for the crime to discourage those who have consumed drugs or are under the influence of alcohol from getting behind the wheel of a motor vehicle<\/span>.<\/p>\n

Intoxicated or drunk driving<\/span> is a criminal charge<\/span> with far-reaching consequences. A DUI conviction<\/span> can suspend your driver\u2019s license<\/span>, send you to jail, increase insurance rates<\/span>, and more.<\/p>\n

Below is a summary of what first-offense<\/span> DUI<\/span> penalties<\/span> may entail. DUI laws<\/span> are constantly changing. Be sure to check the laws of your state for the most up-to-date information. A DUI lawyer<\/span> near you<\/a> can best explain what to expect in the legal process. They can give you legal advice<\/span> at each step of the way.<\/p>\n

First DUI Arrest<\/span>: What To Expect<\/h2>\n

A law enforcement officer<\/span> will look at your level of impairment<\/span>, which includes your alcohol level and how you can function. The officer may ask you to perform\u00a0field sobriety tests<\/span> (FST)<\/a>. Field sobriety tests<\/span> look at how you can walk, check your coordination, and look for signs of drug intoxication.<\/p>\n

A driving under the influence<\/span> charge depends on multiple factors. Your blood alcohol concentration<\/span> is an essential factor. All states have a per se legal limit<\/span>. This limit is set at 0.08% in all states except\u00a0Utah<\/a>, which recognizes a legal limit<\/span> of 0.05%. For commercial drivers, the legal BAC<\/span> limit is 0.04%.<\/p>\n

Under\u00a0per se DUI laws<\/span><\/a>, if your alcohol level is at or above the legal limit<\/span>, law enforcement can charge you with a DUI without other evidence of your impairment<\/span>. If you are below the legal limit<\/span>, an officer may still arrest you if they document signs of impairment<\/span>. These can include you slurring your words or being unable to perform field sobriety tests<\/span>.<\/p>\n

A more serious offense results if your blood alcohol concentration<\/span> (BAC<\/span>) is excessive, usually around 0.15% or more, or if you are transporting minors. You face a\u00a0felony charge<\/a>\u00a0if you cause an accident resulting in property damage, injury, or death. These circumstances are examples of aggravating factors<\/span>, which can make even a first-time DUI<\/span> more severe.<\/p>\n

Implied Consent and Refusal<\/h3>\n

All states now have\u00a0implied consent laws<\/span><\/a>. When a police officer<\/span> suspects you are driving while intoxicated (DWI<\/span>), they ask you to submit to chemical tests<\/span>. These may include a Breathalyzer<\/span> or breath test<\/span>, a blood test<\/span>, or a urine analysis.<\/p>\n

These tests determine the amount of alcohol or drugs in your system. Under implied consent, law enforcement expects you to cooperate with these tests as part of the privilege of having your driver\u2019s license<\/span>.<\/p>\n

Can I Avoid a DUI by Refusing To Test?<\/h3>\n

You can refuse chemical tests<\/span>, but state laws give immediate consequences for your refusal. Often, these include the immediate revocation of your driving privileges<\/span>, a fine, or specific states allow for your arrest. Your driver\u2019s <\/span>license<\/span> suspension<\/span> is in addition to any further suspension you may receive after conviction.<\/p>\n

Police officers<\/span> can still charge you with a DUI or DWI<\/span> if you don\u2019t cooperate with chemical tests<\/span>. The state may use your refusal to submit to testing as evidence against you in court.<\/p>\n

Next Steps After a DUI Arrest<\/span><\/h2>\n

If police arrest you for a DUI, the immediate consequences and procedures<\/a> may include:<\/p>\n