What to Do Immediately After a DUI Arrest

Getting arrested for DUI can be frightening and confusing — especially if it’s your first offense. From your driver’s license and bail conditions to your court appearances and potential penalties, what you do in the first 48 hours after your arrest can make a major difference in your case.

With over 30 years of experience representing clients facing DUI charges throughout the state, I’ve guided hundreds of people through this stressful process. Here’s exactly what to do if you've been arrested for a DUI. Mark D. Hauser is your go-to DUI lawyer in Philadelphia.

1. Don’t Say Anything Without a Lawyer

You have the right to remain silent — use it. Anything you say after your arrest can be used against you in court. Politely decline to answer questions until you have spoken with a DUI attorney.

Key Tip: You do not have to explain what you drank, how much, or when. Wait for legal guidance.

2. Understand the Charges and Paperwork

After your arrest, you’ll receive:

• A criminal complaint or citation

• Possibly a notice of license suspension

• A court date for your preliminary hearing

Read all documents carefully and keep them organized. Your lawyer will need every detail.

3. Act Fast to Protect Your Driver’s License

You can lose your license before you're even convicted. Here's how:

• If you refuse a breath or blood test, PennDOT will issue an automatic license suspension under the Implied Consent Law (even if you're later found not guilty). For many first-time DUI offenders, you may qualify for an Occupational Limited License (OLL) or ARD program that reduces suspension time.

Act quickly — you may have as little as 30 days to request an appeal or apply for relief.

4. Post Bail or Get Released

Most first-time DUI cases do not require cash bail. You may be:

• Released on your own recognizance (ROR)

• Required to sign conditions of release (such as no alcohol, no driving)

For felony DUI or cases involving injury, you may need to post bail or appear at a bail hearing.

5. Prepare for the Preliminary Hearing

The preliminary hearing is typically your first court appearance, usually held at a Magisterial District Court. It’s where the judge decides if there’s enough evidence to send your case to trial.

At this hearing, I often:

• Challenge the officer’s testimony

• Question the legality of the traffic stop

• Try to get charges reduced or dismissed

Having legal representation at this stage is critical. Prepare with a criminal defense attorney in Montgomery County for a DUI case.

6. Explore First-Offender Options (ARD Program)

If this is your first DUI and no one was hurt, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. This is a pre-trial diversion program that can:

• Avoid jail time

• Shorten license suspension

• Result in expungement of your record after completion

As your lawyer, I’ll determine whether ARD is your best path — or if we should fight the charges outright.

7. Begin Building Your Defense Immediately

As a DUI attorney, I investigate:

• Whether the traffic stop was legal

• Whether the breathalyzer or blood test was properly administered

• If field sobriety tests were flawed or subjective
  If your rights were violated

The earlier you involve a lawyer, the stronger your defense will be.

Penalties for a DUI

Penalties for DUI vary depending on your blood alcohol content (BAC) level and whether it’s your first offense. For a first offense with general impairment (a BAC between .08% and .099%), penalties may include up to six months of probation and a $300 fine. A high BAC level (.10% to .159%) can result in a 12-month license suspension, 48 hours to six months in jail, and fines ranging from $500 to $5,000. The most severe category—highest BAC (.16% and above)—also leads to a 12-month license suspension, 72 hours to six months in jail, and a fine of at least $1,000.

Your Next Step: Contact an Experienced DUI Lawyer

If you’ve been arrested for DUI, time matters. Don’t try to navigate this alone or plead guilty without exploring your options. With over 30 years of experience, I’ll help you protect your license, your record, and your future. Contact Mark D. Hauser, Attorney at Law today for a free and confidential DUI case review.