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What Happens After a DUI?

Robert Stahle • December 11, 2019
A judge 's gavel is sitting on a wooden table next to a scale of justice.

Most people do not know what happens after they have been arrested for a DUI. If you’ve gotten caught after having a few too many and getting behind the wheel, you do not want to trust Google for information. There is a lot of misinformation out there regarding DUIs, and the only way to get information that you can trust is by contacting a professional defense attorney immediately.

Fitch & Stahle has a team of trusted defense lawyers licensed to practice in Iowa and Nebraska. We specialize in DUI cases, and we would like to share the process of what occurs after you get a DUI.

After the Arrest

After you fail a sobriety test or breathalyzer test, the officer will issue you a summons or a ticket with a court date. They will then handcuff you and transport you back to the police station. Once there, you will have to stand up for a mugshot and be fingerprinted. Some states have laws that require you to sober up before you go home, but otherwise, you can go home if somebody comes to post your bail. At this time, you will often be required to pay a fine as well.

Your physical driver’s license will be taken from you at the time of your arrest. It will not be returned to you unless you request a hearing and you are successful at the hearing. If you are unsuccessful, you will not be able to recover your license until either you have completed an alcohol program and any other requirements that the DMV requests, and your case has been completed in court.

Temporary License and Court Summons

After you have been released from jail, you will be issued a pink temporary license. The temporary contains critical information such as a time frame in which you will need to contact the DMV. If you fail to contact the DMV during this time, you will automatically lose your license. When you are released, you will also receive information about when to appear in court.

DUI Attorney Consultation

Within a few days after your arrest, you should contact a DUI defense attorney. Doing this is your best bet of beating the DUI charge because an experienced defense lawyer will know how to evaluate your case to look for ways to get evidence tossed or get the case dismissed. The biggest mistake that people make after a DUI is trying to push it out of their mind and pretend that it did not happen. However, this is not a recommended course of action, as you still have a chance of recovering you license if you meet with an experienced criminal defense attorney.

Most attorneys will give you a free initial consultation where they will determine if you have a basis to fight the case.

Sioux City DUI Attorney

Are you in need of an experienced criminal DUI attorney? From DUI defenses to felony and misdemeanor charges, Robert Stahle and Thomas Fitch will fight for your rights. We are accredited in both Nebraska and Iowa, and our team offers more than 50 years of combined experience.

To learn more about our criminal defense services, contact us at (402) 494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.