What Happens After a DWI/DUI Traffic Stop? A Driver's Guide

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Few things are more stressful for a driver than seeing flashing lights in the rearview mirror and realizing a police officer suspects them of driving while intoxicated or driving under the influence.

A DWI / DUI traffic stop can lead to a variety of outcomes. The driver may be released without charges, issued a citation, or arrested and required to appear in court. What happens next depends on the circumstances of the stop, the driver’s condition, the results of any testing, and the laws of the state where the stop occurred.

Although states use different terminology—including DWI, DUI, OUI, and OWI—the basic process following a suspected impaired-driving traffic stop is often similar. Understanding what can happen after a traffic stop can help drivers better understand the potential consequences of an arrest for driving while intoxicated or driving under the influence.

Why Was the Driver Pulled Over?

A DWI/DUI investigation can begin with a relatively ordinary traffic stop. An officer may observe speeding, a traffic violation, unusual lane movement, erratic driving, or another behavior that raises concerns about possible impairment.

Once the vehicle is stopped, the officer will generally request the driver’s license, registration, and proof of insurance. The officer may also ask questions about where the driver has been, where they are going, and whether they have consumed alcohol or taken drugs or medications.

The officer may pay close attention to the driver’s speech, coordination, appearance, and behavior. An odor of alcohol, bloodshot eyes, slurred speech, or difficulty maintaining balance may lead the officer to investigate further.

However, being pulled over does not automatically mean that the driver will be arrested for DWI or DUI. A traffic stop and a driving-under-the-influence investigation can develop in different ways depending on the circumstances.

Field Sobriety Tests

If an officer develops concerns about impairment, the driver may be asked to perform field sobriety tests or other roadside evaluations.

Standardized field sobriety testing can include exercises designed to evaluate balance, coordination, and divided attention. Officers may also use a preliminary breath-testing device in jurisdictions where such testing is permitted.

The rules surrounding these tests vary by state. Weather, road conditions, footwear, physical limitations, injuries, nervousness, and other factors can potentially affect how a driver performs.

If an arrest occurs, the circumstances surrounding these roadside tests may become relevant when evaluating the evidence in a DWI/DUI case.

When Does a DWI/DUI Arrest Occur?

If the officer believes there is sufficient evidence to establish probable cause, the driver may be placed under arrest.

After an arrest, the driver may be transported to a police station or another facility for processing. Depending on the jurisdiction, the driver may undergo additional chemical testing, such as a breath, blood, or urine test.

The driver may also receive paperwork identifying the charges and explaining when and where they must appear in court.

An arrest, however, is not the same as a conviction. The prosecution still has to establish the elements of the charged offense under the applicable state law.

Chemical Testing Can Become Important

Chemical testing is often a significant part of a DWI/DUI investigation.

Different states have different rules concerning when police can require a breath, blood, or urine test and what happens if a driver refuses. Some states impose separate administrative consequences for refusing a chemical test.

Drivers should not assume that the rules in one state apply somewhere else.

For example, New York has specific laws addressing chemical testing and license consequences in DWI cases. New Jersey also has specific requirements governing breath testing and refusal allegations. New Jersey’s impaired-driving laws are commonly referred to as DUI laws by the public, although the state’s statute uses the term DWI.

Because chemical-testing and refusal laws can be complicated, anyone arrested for driving under the influence or driving while intoxicated should pay close attention to the paperwork they receive and consider obtaining advice about the law applicable to their particular case.

Your Driver’s License May Be Affected

A DWI/DUI case can create consequences beyond the criminal or traffic case itself.

Depending on the state, a driver’s license may be suspended or revoked based on a chemical-test result, a refusal, or a conviction. In some jurisdictions, ignition interlock devices or restricted driving privileges may also become part of the process.

This is particularly important because the administrative process involving a driver’s license may operate separately from the court case.

New York, for example, has administrative procedures through the Department of Motor Vehicles that can affect a driver’s license following certain DWI-related events. Drivers facing a New York DWI can learn more about the state’s laws and potential consequences through this New York DWI defense resource.

What Happens in Court?

If charges are filed, the driver will generally have to appear in court. The specific procedure varies depending on the state and the offense.

A DWI/DUI case may involve an arraignment, pretrial proceedings, negotiations with prosecutors, motions, and potentially a trial.

Evidence in a driving-under-the-influence case may include:

Police reports
Dash-camera footage
Body-camera footage
Witness statements
Field sobriety test observations
Breath-test results
Blood or urine test results
Statements allegedly made by the driver
Evidence concerning the traffic stop and arrest

An attorney evaluating a DWI/DUI case may examine how each piece of evidence was obtained and whether the prosecution can establish the required elements of the offense.

Why the Traffic Stop Itself Matters

The evidence in a DWI/DUI case does not necessarily begin with a breath test. It begins with the events that led to the traffic stop.

An attorney may therefore examine why the officer stopped the vehicle, what the officer observed before approaching the driver, how the investigation was conducted, whether field sobriety testing was administered appropriately, and what occurred before the arrest.

Depending on the jurisdiction, questions about the legality of the traffic stop, probable cause, testing procedures, or other evidence may become relevant to the defense.

DWI/DUI Laws Are Different From State to State

One of the biggest mistakes drivers can make is assuming that DWI/DUI laws are the same everywhere.

The terminology itself varies. New York generally uses DWI, while New Jersey’s statute also uses DWI, even though many people commonly refer to impaired-driving charges in New Jersey as DUI. Other states use DUI, OUI, OWI, or different terminology.

The laws, procedures, penalties, and driver’s-license consequences can also differ substantially from one state to another.

For example, New York’s DWI laws include offenses based on alcohol concentration as well as impairment, and the state has specific administrative license procedures. New Jersey has its own DWI rules governing issues such as impairment, alcohol concentration, chemical testing, and refusal.

Drivers facing a New Jersey impaired-driving charge can review this New Jersey DWI/DUI defense resource for information specific to New Jersey.

The same principle applies throughout the country: a driver should look at the law of the state where the traffic stop and arrest occurred rather than relying on information from another jurisdiction.

What Should You Do After a DWI/DUI Arrest?

If you have been arrested for DWI, DUI, driving while intoxicated, or driving under the influence, keep all paperwork provided by law enforcement and the court. Pay close attention to court dates and any deadlines involving your driver’s license.

Avoid discussing the details of your case publicly or posting about the incident on social media. Statements made after an arrest can potentially become relevant to the case.

Most importantly, consider speaking with a qualified criminal defense attorney who handles impaired-driving cases in the applicable jurisdiction. An attorney can review the circumstances of the traffic stop, explain the charges, and identify potential legal issues.

For drivers in New York or New Jersey, the Law Offices of Matthew Cohan represents individuals facing criminal and impaired-driving charges.

A DWI/DUI Arrest Is Not the Same as a Conviction

A DWI/DUI traffic stop can have serious consequences, but an arrest does not automatically establish guilt.

The circumstances of every case are different. The reason for the traffic stop, the officer’s observations, field sobriety testing, chemical-test procedures, and other evidence may all play a role in determining how a case proceeds.

If you or someone you know has been arrested for DWI, DUI, driving while intoxicated, or driving under the influence, obtaining advice from an attorney familiar with the applicable state law can help you understand what happens next and what options may be available.