What Is a DUI Arraignment Hearing?

Many people arrested for a DUI have never had a criminal case in court. And because they have no experience in the courtroom, they don’t understand how the process works.

In DUI cases, the arraignment usually represents the first and last time the suspect will be in court. This is because most DUI suspects choose to plead guilty. This is especially true if evidence of intoxication is solid and a plea bargain is unlikely.

This article explains the timing and court process of an arraignment. It also covers the right to counsel and when evidence becomes available to a defense attorney.

Before your first court appearance, get advice about the arrest, driver’s license suspension, and how to plead from a local DUI lawyer. They can also explain the rest of the legal process at your case evaluation.

When Will I Be Arraigned?

After your arrest for driving under the influence (DUI), the arraignment should happen within a few days. This helps reduce the mounting stress and confusion of the DUI charges against you.

Arraignment is the first stage of courtroom-based proceedings after the DUI arrest, booking, and initial bail phases of the DUI process. Although courts are busy with pending cases, you have the right to a speedy arraignment.

What Happens During a DUI Arraignment?

During a typical DUI arraignment, you must appear before a criminal court judge who:

• Reads the criminal charges against you, the defendant
• Asks you if you have an attorney or need the help of a court-appointed attorney
• Asks you how you answer or “plead to” the criminal charges (guilty, not guilty, or no contest)
• Decides whether to alter the bail amount or to release you on your own recognizance. These matters usually get revisited even if lawyers addressed them in prior proceedings.
• Announces dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial

How To Prepare for Your DUI Arraignment

Some of the steps you might want to take before the arraignment hearing include:

• Hire a DUI lawyer for legal representation
• Get legal advice for your plea, including about plea bargains in DUI cases
• Learn about basic DUI court etiquette

Be sure to attend this first court date, even if you don’t feel ready. If someone skips their arraignment, the judge will generally issue a warrant for their arrest. There are criminal penalties for failing to show up. These penalties only add to the other potential consequences you may face for the original DUI offense.

The Right to Counsel

Suppose you face possible jail time upon conviction of a DUI offense. In that case, you have a constitutional right to the help of an attorney or “counsel.”

If you want an attorney but can’t afford to hire one, the court will appoint an attorney at no cost to you. These government-appointed defense attorneys, usually employed as public defenders, protect your rights at all stages of the criminal process.

To learn more about the right to counsel, check out FindLaw’s section on the Right to Counsel.

When Will My Lawyer Get My Police Report and Other Evidence Against Me?

At the arraignment stage, the prosecutor will usually give you (the DUI defendant) and your attorney copies of police reports and other documents relevant to your case. These resources make the basic evidence clear as you form a defense strategy.

For example, the prosecutor may give the defense lab reports of any chemical tests or blood tests performed and copies of any notes the arresting officer took during field sobriety tests.

How Will My Plea Affect My Case?

Your plea determines whether your case will go to trial. It can also affect the punishments you face, including whether you will have a mark on your criminal record. It’s important to make this decision carefully.

During the DUI arraignment, your plea can shape your case as follows:

• Not guilty plea: You disagree that you broke the law, so you wish to fight the charges against you. Pleading not guilty means your case will proceed to a pretrial conference or trial phase.
• Guilty plea: You agree you broke the law and drove while intoxicated. You accept the penalties of the crime and forfeit your right to a criminal trial.
• No contest plea: You do not admit that you committed a crime, but you will accept the penalties and waive your right to a criminal trial.

Seek guidance from a defense attorney before you decide how to plea to DUI charges. A lawyer can discuss the facts of your case so far, such as your interactions with police officers and the administration of any blood or breath tests. If appropriate, a not guilty plea can ensure you have the chance to put forth a strong defense.

Can I Change My DUI Plea Later?

It is difficult to change your plea after the arraignment hearing unless you are planning to admit guilt. If you confess to drunk driving at your arraignment, it’s very hard to reverse your guilty plea. But if you plead not guilty, you can more easily switch to a guilty plea if your defense doesn’t look promising enough to succeed in a trial. But this is why it’s ideal to speak to a skilled lawyer before your arraignment.

Learn More About DUI Arraignments From a DUI Lawyer

Your drunk driving arraignment can be confusing, but it’s essential to your case and criminal defense. A judge has several options during an arraignment, including setting your bail amount, scheduling future court dates, including a plea bargaining hearing, and more.

Consult a local DUI attorney before your arraignment to know what to expect and discuss your DUI defense. A defense lawyer is familiar with DWI and DUI laws and can help you determine whether a guilty plea or jury trial makes sense for your case. An attorney can educate you on DUI penalties related to any potential DUI conviction.