What to Do in the First 24 Hours After a DUI Arrest

Josh Kaplan, Esq.
Founding Partner — Criminal Defense

March 2026 5 min read

A DUI arrest is frightening — and the hours immediately following it are critical. The decisions you make in those first 24 hours can either strengthen your defense or seriously damage it. Here's exactly what you should do.

1. Stay Calm and Comply — But Know Your Rights

The moment you're pulled over, keep your hands visible and speak politely. You are required to provide your license, registration, and proof of insurance. However, you have the right to remain silent beyond that. Politely declining to answer questions about where you've been or how much you've had to drink is not the same as being uncooperative — it's protecting yourself.

**Important:** In Michigan, refusing a breathalyzer test after a lawful arrest triggers automatic license sanctions under implied consent law. This is a separate legal issue from the DUI charge itself — talk to an attorney before making this decision if you have time.

2. Do Not Discuss Your Case — With Anyone

Do not discuss the details of your arrest with other inmates, friends, or family until you've spoken with an attorney. Anything you say can be used against you — including casual conversations that aren't intended as statements.

3. Contact an Attorney Immediately

This is the most important step. A DUI attorney can:

Help you understand the charges you're facing
Challenge the validity of the traffic stop, field sobriety tests, or breathalyzer results
Request a hearing to contest your license suspension (you typically have 14 days)
Begin building your defense before evidence is lost

The 14-day window to challenge your license suspension in Michigan is especially important — missing it means an automatic suspension.

4. Document Everything You Remember

As soon as you're able, write down everything you remember: where you were pulled over, what the officer said, what tests were administered, and the sequence of events. Memory fades quickly, and specific details — the instructions given during a field sobriety test, whether the officer followed proper protocol — can matter enormously.

5. Request a Hearing on Your License

In Michigan, a DUI arrest triggers two separate processes: the criminal case and a civil hearing with the Secretary of State over your driver's license. You must request that hearing within 14 days of your arrest or you lose the right to contest the suspension. An attorney can handle this on your behalf.

What Not to Do

Don't post about your arrest on social media — anything you share can be used as evidence
Don't miss any court dates — a warrant will be issued and the situation becomes significantly worse
Don't assume a first offense is minor — even a first DUI can result in fines, license suspension, and potential jail time in Michigan
Don't try to handle it yourself — DUI law is technical and procedural; an experienced attorney knows where to look for weaknesses in the prosecution's case

The Bottom Line

A DUI arrest does not mean a DUI conviction. Breathalyzer results can be challenged. Traffic stops can be found unlawful. Field sobriety tests are subjective. But protecting your rights starts immediately — not weeks later when you finally call a lawyer.

If you or someone you know has been arrested for DUI in Michigan, call Dizik | Kaplan now. We're available 24/7.

What should I do immediately after a DUI arrest in Michigan?

Stay calm and comply with officers, but exercise your right to remain silent beyond providing license and registration. Do not discuss the details of your arrest with anyone. Contact a DUI attorney immediately — the first 24 hours are critical for preserving evidence and protecting your rights.

How long do I have to request a license hearing after a DUI arrest in Michigan?

You have 14 days from your arrest to request a hearing with the Michigan Secretary of State to contest your driver's license suspension. Missing this deadline means automatic suspension. An attorney can file this request on your behalf.

Can I refuse a breathalyzer test in Michigan?

You can refuse, but Michigan's implied consent law means refusal triggers automatic license sanctions separate from the DUI charge itself. Six points are added to your driving record and your license faces a one-year suspension. Consult an attorney before making this decision if possible.

Should I post about my DUI arrest on social media?

No. Anything you post on social media can be used as evidence against you in court. Do not discuss your arrest publicly in any form — including text messages and phone calls — until you have spoken with a criminal defense attorney.

Is a first DUI a big deal in Michigan?

Yes. Even a first-offense OWI in Michigan can result in up to 93 days in jail, fines up to $500, a 30-day license suspension followed by 150 days of restrictions, and a permanent criminal record. With a BAC of .17 or higher (Super Drunk), penalties increase significantly. However, a DUI arrest does not guarantee a conviction — breathalyzer results, traffic stops, and field sobriety tests can all be challenged.

Charged with a DUI in Michigan?

Time matters. Call us now for a free, confidential consultation with Josh Kaplan.

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