There are two aspects to a drunk driving (commonly referred to as “dwi” – driving while intoxicated or “dui” – driving under the influence) conviction – an administrative license suspension and a criminal charge(s).

The administrative side is governed by administrative or civil law and relates to your driver’s license and driving record.

The criminal aspect is governed by criminal law and dictates fines, fees, penalties, sentencing and parole (probation)

Under an administrative license suspension, a person’s license is taken away before conviction when a driver fails or refuses to take a sobriety test – i.e., right on the spot and before you ever go to court. Some states will suspend your license on the spot when you are arrested for DWI, even if you have cooperated and taken the required Blood Alcohol tests.
Most states have these laws and may require you to schedule an administrative hearing within a short period of time after the arrest – generally within 5 to 10 days.

After a drunk driving arrest, you must generally go to court for arraignment, trial or negotiated disposition, and sentencing. Most drunk driving convictions are classified as misdemeanors when no injury is involved, but could be classified as felonies in cases when serious injury or death occurs as a result. A misdemeanor can land you in county jail for up to a year, which a felony can wind you up in state prison for more than a year.