DUI Lawyer | Joel Brand, Esq.

What Happens at a DUI Arraignment

A DUI arraignment in California marks the formal start of the criminal process following a DUI arrest. Understanding what happens during this critical phase can help defendants prepare and potentially improve their chances of a favorable outcome. This article delves into the intricacies of a DUI arraignment, including the procedural aspects, legal implications, and strategic considerations.

1. The Purpose of an Arraignment

An arraignment serves several key purposes in the criminal justice system:

  • Formal Reading of Charges: The defendant is officially informed of the charges filed against them.
  • Entering a Plea: The defendant enters a plea of guilty, not guilty, or no contest.
  • Bail Determination: The judge sets, modifies, or confirms bail conditions.
  • Future Court Dates: The court schedules subsequent hearings, including pretrial conferences and the trial date.

2. Notification and Appearance

Once charges are filed, the defendant receives a court summons indicating the date, time, and location of the arraignment. It is crucial for defendants to attend the arraignment as failing to appear can result in a bench warrant for their arrest.

3. Courtroom Procedure

The arraignment typically follows a standardized procedure:

  • Check-In: Upon arrival at the courthouse, the defendant checks in with the court clerk or bailiff.
  • Waiting for Case to Be Called: Defendants often wait in the courtroom until their case is called. It’s essential to be patient and attentive during this time.
  • Addressing the Court: Once called, the defendant and their attorney (if they have one) approach the bench. The judge will then proceed with the arraignment process.

4. Reading of Charges

The judge or court clerk will read the formal charges against the defendant. These charges are based on the police report and the district attorney’s assessment of the case. The defendant is expected to listen carefully to ensure that they understand the accusations.

5. Entering a Plea

The defendant must enter a plea to the charges. The three plea options are:

  • Guilty: Admitting to the offense, which leads to sentencing.
  • Not Guilty: Denying the charges and requesting a trial.
  • No Contest: Neither admitting nor denying the charges but accepting the court’s punishment.

Most defendants in DUI cases plead not guilty at the arraignment to allow time for their attorney to review the evidence and build a defense.

6. Bail Considerations

The judge will address the issue of bail during the arraignment. Several factors influence the bail decision, including:

  • Severity of the Offense: More severe offenses may result in higher bail or denial of bail.
  • Defendant’s Criminal History: A defendant with a prior criminal record may face stricter bail conditions.
  • Flight Risk: The judge assesses whether the defendant is likely to flee before trial.

The defendant’s attorney can argue for lower bail or request release on their own recognizance (OR), where the defendant is released without having to pay bail but must promise to appear at future court dates.

7. Future Court Dates

At the conclusion of the arraignment, the judge schedules the next court appearances. These may include:

  • Pretrial Conferences: Meetings between the defense and prosecution to discuss the case, potential plea deals, and evidentiary issues.
  • Motion Hearings: Legal arguments about the admissibility of evidence or other pretrial matters.
  • Trial Date: The formal date set for the trial, should the case proceed that far.

8. Role of the Defense Attorney

Having an experienced DUI attorney is crucial during the arraignment process. The attorney can:

  • Advise on Plea Options: Helping the defendant understand the implications of each plea.
  • Argue for Bail Reduction: Presenting arguments for lower bail or release on OR.
  • Prepare for Future Proceedings: Laying the groundwork for a strong defense strategy.

9. Strategic Considerations

Defendants and their attorneys must approach the arraignment with a clear strategy:

  • Plea Negotiations: Consider the possibility of negotiating a plea deal with the prosecution.
  • Evidence Review: Begin the process of obtaining and reviewing evidence, including the police report, breathalyzer results, and any video footage.
  • Mitigation Efforts: Start gathering evidence of mitigating factors, such as enrollment in alcohol education programs or community service.

10. Conclusion

The DUI arraignment is a pivotal moment in the legal process following a DUI arrest in California. Understanding the procedural aspects, legal implications, and strategic considerations can help defendants navigate this phase effectively. Having a knowledgeable DUI attorney by your side can make a significant difference in the outcome of the case.

Citations

  • California Penal Code § 977: Representation by Attorney
  • California Penal Code § 1275: Bail and Own Recognizance Release
  • California Vehicle Code § 23610: Procedures for DUI Arraignments
  • Government Code § 11507.6: Discovery in Administrative Hearings
  • California Code of Regulations Title 13 § 115.05: Notice of Discovery in DMV Hearings