A DUI arrest is disorienting, and what you do next can shape the entire outcome. Having worked in prosecution and defended these cases, I want you to understand exactly what happens after the handcuffs, because the early steps matter more than most people realize.
Two Cases, Not One
A DUI arrest sets two separate processes in motion: the criminal case (the charge you'll answer in court) and an administrative case over your driver's license. They run on different tracks with different deadlines, and your license can be affected even before the criminal case is resolved.
Booking and Release
After the arrest you'll typically be booked and then released, often after a period to sober up, with paperwork that includes a date to appear in court. You may also receive notice related to your license suspension. Read everything carefully and keep it.
Your License Is on the Clock
Under Montana's implied-consent law, refusing a breath or blood test (and in some cases failing one) can trigger an automatic license suspension. There's only a short window to petition the court for a hearing to challenge it. Miss it, and you may lose the chance. This is one of the most time-sensitive parts of a DUI.
Why the First 24 Hours Matter
Early action lets an attorney preserve evidence, meet deadlines, and protect your rights before key decisions are made. The sooner you have counsel, the more options you tend to have, from challenging the stop and the testing to protecting your license. Our DUI defense page covers your options in depth.
What Not to Do
Don't assume pleading guilty quickly will make it go away. A DUI conviction carries lasting consequences for your record, your license, and your insurance. And be careful what you say; statements can be used against you. Talk to a lawyer first.