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What is a DUI or DWI, and what happens after a DUI arrest?
Key points
- Two cases
- A DUI arrest usually starts two separate cases: a license case, which can suspend your driving privilege within weeks, and a criminal case in court. Each has its own deadlines.
- Deadline
- To contest the license suspension, ask for a hearing fast: within 10 days in California and Florida and 15 days in Texas. In New York, a refusal to take a test goes to a DMV hearing.
- The limit
- Driving with a blood alcohol concentration of 0.08 or more is illegal in all four states. Lower limits apply to commercial drivers and drivers under 21, and impaired driving below 0.08 can also be charged.
- Free help
- If you can't afford a lawyer, tell the judge at your first court date. When a DUI charge can bring jail time, the court can appoint one, usually a public defender.
DUI (driving under the influence) and DWI (driving while intoxicated) are names for the same kind of offense: driving while alcohol or drugs impair you, or with a blood alcohol concentration (BAC) of 0.08 or more. The name depends on the state. California and Florida say DUI, Texas says DWI, and New York has DWI plus a lesser offense, DWAI (driving while ability impaired).
After a DUI arrest there are usually two cases. Your license can be suspended quickly in a separate license case with short deadlines, and the prosecutor can charge you in criminal court, where the judge can order fines, jail, probation and more. Below: the legal limits, what happens if you refuse a breath or blood test, both cases step by step, first-offense penalties in four states, ignition interlocks, your record and free help, each with its official sources.
What is a DUI? DUI vs DWI, and the names by state
There is no single national name. Each state writes its own law, and the words on your papers depend on where you were stopped:
- California: DUI. Driving under the influence. It is unlawful to drive under the influence of alcohol or drugs, or with a BAC of 0.08 percent or more.Cal. Veh. Code § 23152
- Texas: DWI. Driving while intoxicated. Intoxicated means not having the normal use of your mental or physical faculties because of alcohol or drugs, or having an alcohol concentration of 0.08 or more.Tex. Penal Code §§ 49.01, 49.04
- Florida: DUI. Driving under the influence: driving or being in actual physical control of a vehicle while alcohol or drugs impair your normal faculties, or with a blood or breath alcohol level of 0.08 or more.Fla. Stat. § 316.193(1)
- New York: DWI and DWAI. DWI, driving while intoxicated, includes driving with a BAC of 0.08 or more, and aggravated DWI starts at 0.18. DWAI, driving while ability impaired, means alcohol impaired your ability to drive. DWI is a misdemeanor; DWAI is generally a traffic infraction.N.Y. Veh. & Traf. Law §§ 1192, 1193
The legal limit: 0.08, and lower for drivers under 21 and commercial drivers
0.08 is the limit for adult drivers in all four states. Lower limits apply to younger and commercial drivers:
- Under 21: in California it is illegal to drive with a BAC of 0.01 or more, and in Florida with 0.02 or more. In Texas, a driver under 21 commits an offense with any detectable amount of alcohol. In New York, a BAC of 0.02 to 0.07 brings a separate under-21 case, which is not a criminal conviction.
- Commercial drivers: in California it is unlawful to drive a commercial vehicle with 0.04 or more. In Texas and Florida, 0.04 or more in a commercial vehicle brings a 1-year disqualification from commercial driving. New York sets a separate commercial offense at 0.04 to 0.06.
- On DUI probation in California: 0.01 or more, at any age.
Under the limit is not automatically legal. California's driver handbook says that, depending on how impaired you are, you may be arrested and convicted of a DUI even without a BAC measurement. Texas, Florida and New York also punish driving while alcohol or drugs impair you, whatever the number.
Implied consent: what happens if you refuse a breath or blood test
All four states have an implied consent law: by driving there, you are treated as having agreed to a chemical test of your breath or blood if you are lawfully arrested for DUI. A refusal brings its own license penalty, separate from the DUI charge, and in Texas, Florida and New York the refusal can also be used as evidence.
- California. Refusing or not completing the test means a 1-year suspension for a first offense, a 2-year revocation for a second within 10 years and a 3-year revocation for a third. If you are convicted of DUI, refusing the breath or urine test also means a fine and mandatory imprisonment.California DMV · Cal. Veh. Code § 23612
- Texas. A refusal means a suspension of 180 days, or 2 years with an alcohol- or drug-related enforcement contact in the 10 years before the arrest. The refusal may be admissible in court, and the officer may apply for a warrant to take a specimen.Tex. Transp. Code §§ 724.015, 724.035
- Florida. A refusal means a 1-year suspension, or 18 months if your license was suspended before for a refusal. Refusing a lawful breath test is also a misdemeanor, a more serious one after an earlier refusal, and the refusal is admissible in a criminal case.Fla. Stat. §§ 316.1932(1)(a), 322.2615(1)(b)
- New York. A refusal means your license is suspended and then revoked for at least 1 year, with a civil penalty of $500, whether or not you are found guilty of the charge. The Department of Motor Vehicles holds a separate hearing on the refusal.N.Y. Veh. & Traf. Law § 1194(2)
After a DUI arrest: two separate cases
A DUI arrest usually starts two cases that run side by side, with different deciders, rules and deadlines:
- The license case. The state's motor vehicle agency acts against your driving privilege, and in Texas an administrative law judge decides if you ask for a hearing. The case is only about your license, not guilt, and it moves fast.California DMV · Tex. Transp. Code § 524.033
- The criminal case. The prosecutor files charges in criminal court. The court decides whether you are guilty, and the judge sets any fine, jail, probation, DUI program or ignition interlock. A conviction brings its own license suspension or revocation.California Courts · California DMV
One case does not settle the other. California's DMV says its hearing is about your driving privilege, "not whether you are innocent or guilty", and a hearing officer setting aside the suspension does not affect the criminal charge. A charge reduced to reckless driving in court does not undo the DMV suspension either, but if you are acquitted, the DMV reverses it when it finds the court decision equals an acquittal.
The license case: suspension, and the deadline to ask for a hearing
The officer usually takes your license at the arrest and gives you a notice of suspension, often with a temporary license or permit. Read the notice right away: the deadline to ask for a hearing is short.
- California: 10 days. You can ask the DMV for a hearing within 10 days of receiving the order. The temporary license lets you drive for 30 days. At 21 or older with a test of 0.08 or more, a first offense brings a 4-month suspension; under 21 with 0.01 or more, 1 year.California DMV · Cal. Veh. Code § 13558
- Texas: 15 days. The Department of Public Safety must receive your request for a hearing no later than the 15th day after you get the notice. Otherwise the suspension starts on the 40th day. After a failed test it lasts 90 days, or 1 year with an alcohol- or drug-related contact in the past 10 years.Tex. Transp. Code §§ 524.021, 524.022, 524.031
- Florida: 10 days. The suspension starts when the notice is issued, and the temporary permit lasts 10 days. You can ask for a formal or informal review within 10 days. A first test of 0.08 or more means 6 months; a first refusal, 1 year. If you ask for a formal review and don't appear without just cause, the suspension stands.Fla. Stat. § 322.2615
- New York: suspension in court, and a refusal hearing. If you are charged with DWI at 0.08 or more, the court suspends your license while the case is pending, and may grant a hardship privilege. After a refusal, if the DMV does not hold its hearing within 15 days after your arraignment, your license is reinstated until the hearing. If you don't appear, you waive the hearing.N.Y. Veh. & Traf. Law §§ 1193(2)(e)(7), 1194(2)(c)
The hearing is optional. California's DMV calls it your opportunity to show that the suspension is not justified, and says you are not required to request one.
The court case: your first court date and the right to a lawyer
The criminal case starts when the prosecutor files charges. At the first court date, the arraignment, you find out what you are charged with and what your rights are, and the judge asks whether you are ready to enter a plea. Most cases do not go to trial: many end with a plea deal, and in some the judge decides the case cannot go forward.
- You have the right to a lawyer. In New York, a defendant has the right to a lawyer at the arraignment and at every stage after it. In Texas, a defendant in a criminal matter is entitled to be represented by counsel.N.Y. Crim. Proc. Law § 170.10 · Tex. Code Crim. Proc. art. 1.051
- If you can't afford one, tell the judge. California's courts say to tell the judge at your arraignment, and the court will appoint a lawyer, usually a public defender. Texas appoints a lawyer for a defendant who cannot afford one when the case may end in jail. In Florida, public defenders represent people who cannot afford a lawyer and face a traffic charge that can bring jail.California Courts · Tex. Code Crim. Proc. art. 1.051(c) · Fla. Stat. § 27.51(1)(b)
See Getting a public defender for how to ask and who qualifies. If police want to question you about what happened, read Your right to remain silent with police.
First DUI penalties in California, Texas, Florida and New York
The judge sentences within the range the state's law sets. For a first offense, the laws say:
- California. Jail from 96 hours to 6 months and a fine of $390 to $1,000. If the court grants probation, the same fine applies, jail can be 48 hours to 6 months, and you must complete a licensed DUI program, at least 3 months long if your BAC was under 0.20. After the conviction, the DMV suspends your license for 6 or 10 months.Cal. Veh. Code §§ 23536, 23538 · California DMV
- Texas. DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours, and a maximum of 180 days in jail and a $2,000 fine. With a BAC of 0.15 or more, it is a Class A misdemeanor: up to 1 year in jail and a $4,000 fine.Tex. Penal Code §§ 12.21, 12.22, 49.04
- Florida. A fine of $500 to $1,000 and up to 6 months in jail; with a BAC of 0.15 or more, or a passenger under 18, $1,000 to $2,000 and up to 9 months. The court also orders probation of up to 1 year with at least 50 hours of community service, a substance abuse course and a 10-day vehicle impoundment, and revokes your license for 180 days to 1 year.Fla. Stat. §§ 316.193, 322.28(2)(a)
- New York. DWI is a misdemeanor: a fine of $500 to $1,000, up to 1 year in jail, or both, and your license is revoked for at least 6 months. DWAI is a traffic infraction: a fine of up to $500, up to 15 days in jail, or both, and a 90-day suspension.N.Y. Veh. & Traf. Law § 1193
Ignition interlock devices
An ignition interlock device is a breath tester connected to the car, so that it will not start if it detects alcohol. Courts and motor vehicle agencies can require one:
- California: after a first DUI, the DMV offers a restricted license that lets you drive at any time, to any place, in a car equipped with an interlock. When a court orders one, it must be installed by an authorized installer, and you give proof of installation to the court.
- Texas: the court may require one as a condition of community supervision (probation), and must when the BAC was 0.15 or more or there are earlier convictions.
- Florida: the court may order one for at least 6 continuous months after a DUI at 0.08 or more, and must for a BAC of 0.15 or more or a passenger under 18. The driver pays for it.
- New York: after a DWI conviction, the court must order an interlock in any car you own or operate for at least 12 months, as a condition of probation or conditional discharge.
DUI and DWI in California, Texas, Florida and New York
| State | Name and limits | License after the arrest | First offense in court |
|---|---|---|---|
| California | DUI. 0.08; 0.01 under 21; 0.04 in a commercial vehicle. Veh. Code §§ 23152, 23136 | 4 months for a first test of 0.08 or more, 1 year for a refusal; ask for a hearing within 10 days. California DMV | 96 hours to 6 months in jail, a $390 to $1,000 fine. Veh. Code § 23536 |
| Texas | DWI. 0.08; any detectable amount under 21; 0.04 in a commercial vehicle. Penal Code § 49.01 · Alco. Bev. Code § 106.041 · Transp. Code § 522.081 | 90 days for a test failure, 180 days for a refusal; ask for a hearing within 15 days. Transp. Code §§ 524.022, 524.031, 724.035 | Class B misdemeanor: at least 72 hours, up to 180 days, a fine up to $2,000. Penal Code §§ 12.22, 49.04 |
| Florida | DUI. 0.08; 0.02 under 21; 0.04 in a commercial vehicle. Fla. Stat. §§ 316.193, 322.2616, 322.62 | 6 months for a first test of 0.08 or more, 1 year for a first refusal; ask for a review within 10 days. Fla. Stat. § 322.2615 | Up to 6 months in jail, a $500 to $1,000 fine, probation and 50 hours of community service. Fla. Stat. § 316.193 |
| New York | DWI, and the lesser DWAI. 0.08; 0.02 to 0.07 under 21; 0.04 in a commercial vehicle. Veh. & Traf. Law §§ 1192, 1192-a | Suspended while the case is pending at 0.08 or more; after a refusal, a DMV hearing and revocation for at least 1 year. Veh. & Traf. Law §§ 1193, 1194 | DWI: up to 1 year in jail, a $500 to $1,000 fine, and an interlock for at least 12 months. Veh. & Traf. Law § 1193 |
Other states use their own names, limits and deadlines. Your notice of suspension and your court papers say which law applies, and your state's motor vehicle agency and court self-help website explain the steps.
How long does a DUI stay on your record?
There are two records. Your driving record, kept by the motor vehicle agency, is where earlier DUIs are counted. In California, all DUI convictions remain on your driver's record for 10 years, and another DUI in that time can bring an additional penalty. Texas and Florida also look back 10 years for some repeat-offense rules.
Your criminal record is separate. Whether a DUI conviction can later be cleared or sealed depends on your state. In Texas, for example, a person convicted of a first DWI below 0.15 who completes the sentence may ask the court for an order of nondisclosure after waiting 3 or 5 years. Their only earlier offenses must be fine-only traffic offenses, and the DWI must not have caused a collision involving another person. See Expungement.
What happens after a DUI arrest, step by step
- Read every paper you were given. The notice of suspension, any temporary license or permit, and the citation or papers with your court date. Write down every deadline.
- Note the license hearing deadline. 10 days in California and Florida, 15 days in Texas. Missing it can mean the suspension starts before any hearing. The hearing is optional, and only about your license.
- Follow the license rules. California's DMV says you cannot legally drive for any reason during a suspension, unless you have a restricted license. Ask the agency about restricted license options.
- Go to your first court date. The arraignment is where you hear the charge and your rights. If you can't afford a lawyer, tell the judge there.
- Talk to a lawyer or public defender before you plead. A conviction can affect your license, some jobs and, for noncitizens, immigration status.
- Keep copies of everything. Every notice, order and receipt, including proof that you enrolled in and completed any DUI program the court or DMV requires.
Free help, and do I need a lawyer?
A DUI arrest can mean deadlines in two places at once. California's courts say plainly: if you are facing misdemeanor or felony charges, talk to a lawyer. If you can't afford one, ask the judge for a court-appointed lawyer at your arraignment. Legal aid offices and state bar referral services can also help.
Common questions
What is the difference between a DUI and a DWI?
Mostly the name. California and Florida call the offense DUI (driving under the influence), and Texas calls it DWI (driving while intoxicated). New York has DWI and a lesser offense, DWAI (driving while ability impaired), which is generally a traffic infraction rather than a misdemeanor.
What happens after a DUI arrest?
Usually two cases start. In the license case, your license can be suspended quickly unless you ask for a hearing in time: within 10 days in California and Florida, 15 in Texas. The criminal case starts with your first court date, the arraignment.
What happens if I refuse a breathalyzer or blood test?
Implied consent laws attach license penalties to a refusal after a lawful arrest: a 1-year suspension for a first refusal in California and Florida, 180 days in Texas, and a revocation of at least 1 year in New York. In Texas, Florida and New York, the refusal can also be used as evidence.
Is a first DUI a felony?
Usually not. A first DWI is a misdemeanor in Texas and New York. In California a first DUI carries at most 6 months in county jail, and in Florida at most 6 months, or 9 with a high BAC or a child in the car. Some cases are felonies: in Florida, for example, when someone is seriously injured, and in Texas when a passenger is younger than 15.
How long does a DUI stay on your record?
In California, DUI convictions remain on your driving record for 10 years. Your criminal record is separate, and whether it can be cleared or sealed depends on your state. See Expungement.
Do I need a lawyer for a first DUI?
You have the right to one. If you can't afford a lawyer, tell the judge at your arraignment: when the charge can bring jail time, the court can appoint one, usually a public defender. See Getting a public defender.
Official sources
- California DMV: Driving under the influence (arrest, suspension, the DMV hearing, refusals) dmv.ca.gov
- California Driver's Handbook, Section 9: Alcohol and drugs (BAC limits, DUI arrests and convictions) dmv.ca.gov
- California DMV: DUI first offenders, alcohol involved, non-injury, 21 and older (PDF) dmv.ca.gov
- California Vehicle Code § 23152: driving under the influence, 0.08 and 0.04 leginfo.legislature.ca.gov
- California Vehicle Code § 23136: drivers under 21, 0.01 leginfo.legislature.ca.gov
- California Vehicle Code § 23612: implied consent to chemical testing leginfo.legislature.ca.gov
- California Vehicle Code § 13558: the DMV hearing on a suspension or revocation leginfo.legislature.ca.gov
- California Vehicle Code § 23536: penalties for a first DUI leginfo.legislature.ca.gov
- California Vehicle Code § 23538: probation and the DUI program for a first DUI leginfo.legislature.ca.gov
- California Courts Self-Help Guide: Guide to criminal court (the right to a court-appointed lawyer) courts.ca.gov
- California Courts Self-Help Guide: Criminal court overview (charges, arraignment, plea deals) courts.ca.gov
- Texas Penal Code, Chapter 49: intoxication offenses (§§ 49.01, 49.04, 49.045) legis.texas.gov
- Texas Penal Code, Chapter 12: punishments for Class A and Class B misdemeanors (§§ 12.21, 12.22) legis.texas.gov
- Texas Transportation Code, Chapter 724: implied consent (§§ 724.011, 724.015, 724.035) legis.texas.gov
- Texas Transportation Code, Chapter 524: administrative license suspension and the hearing (§§ 524.021, 524.022, 524.031, 524.033) legis.texas.gov
- Texas Transportation Code § 522.081: commercial driver disqualification legis.texas.gov
- Texas Alcoholic Beverage Code § 106.041: driving under the influence by a minor legis.texas.gov
- Texas Code of Criminal Procedure art. 42A.408: ignition interlock device legis.texas.gov
- Texas Code of Criminal Procedure art. 1.051: right to representation by counsel legis.texas.gov
- Texas Government Code § 411.0736: nondisclosure for certain DWI convictions legis.texas.gov
- Florida Statutes § 316.193 (2026): driving under the influence, penalties flsenate.gov
- Florida Statutes § 316.1932 (2026): implied consent and refusal flsenate.gov
- Florida Statutes § 322.2615 (2026): license suspension and the right to review flsenate.gov
- Florida Statutes § 322.2616 (2026): drivers under 21, 0.02 flsenate.gov
- Florida Statutes § 322.28 (2026): license revocation after a DUI conviction flsenate.gov
- Florida Statutes § 322.62 (2026): commercial motor vehicle drivers flsenate.gov
- Florida Statutes § 322.61 (2026): disqualification from operating a commercial motor vehicle flsenate.gov
- Florida Statutes § 316.1937 (2026): ignition interlock devices flsenate.gov
- Florida Statutes § 27.51 (2026): duties of the public defender flsenate.gov
- New York Vehicle and Traffic Law § 1192: DWI and DWAI nysenate.gov
- New York Vehicle and Traffic Law § 1192-a: drivers under 21 nysenate.gov
- New York Vehicle and Traffic Law § 1193: sanctions nysenate.gov
- New York Vehicle and Traffic Law § 1194: arrest, testing and refusals nysenate.gov
- New York Criminal Procedure Law § 170.10: arraignment and the right to counsel nysenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.