I am Joel Brand, and I defend DUI cases across California. One of the most common calls I get from recently arrested clients goes something like this: "I went to my arraignment, I pleaded not guilty, and the judge gave me a court date that is two months away. What is going on? Is my case just sitting there?" The gap between your arraignment and your next hearing can feel like an anxious void, but a great deal is happening during that time, and what you do in those weeks can genuinely shape how your case unfolds. This post explains what is actually going on, what your attorney should be doing, and what you can be doing to help yourself.
Your Case Is Assigned to a Court and a Prosecutor
After your arraignment, your case gets formally assigned to a courtroom and a deputy district attorney or city attorney who will handle it going forward. That prosecutor may not be the same person who reviewed your arrest report the day you were booked. They will receive a copy of the police report, the chemical test results, and any other documents the arresting agency submitted. Your attorney, or you if you are representing yourself, is entitled to receive copies of all of that material through a process called discovery. Do not expect to understand everything in those documents without help. A DMV discovery packet alone can run dozens of pages.
Your Attorney Is Gathering Evidence
The period between your arraignment and your pretrial conference is when a good defense lawyer is doing the heavy lifting. That includes reviewing the arresting officer's body camera footage, requesting the calibration and maintenance logs for the breathalyzer machine, and examining the chain of custody records for any blood sample. If the officer made errors during the stop or the test, this is when those issues surface. You can read more about common police mistakes at a DUI stop that an attorney will look for.
Your DMV Deadline Is Not Waiting for Your Court Date
This is critical. Your DMV administrative hearing deadline runs on its own clock and has nothing to do with the schedule your criminal court just set. If you were arrested for DUI and your license was taken, you have ten days from the date of arrest to request a hearing with the DMV or your right to contest the suspension is waived. Your court date being two months away does not pause that clock. Understanding the difference between a hard suspension and a soft suspension is important at this stage, and your attorney should be handling the DMV hearing alongside your criminal defense.
The Pretrial Conference Is Not a Trial
Many people confuse the pretrial conference with the actual trial. They are very different. At the pretrial, your attorney and the prosecutor exchange information, discuss the evidence, and often begin negotiating. The prosecutor may offer a plea deal at this stage. That offer might be a standard DUI conviction, a reduced charge like a wet reckless, or something else depending on the facts. You are not required to accept any offer, and a skilled attorney will evaluate whether the offer is reasonable given the weaknesses in the prosecution's case. A DUI trial is still a real possibility if negotiations do not produce a fair result.
Motions May Be Filed Before Your Pretrial
Depending on the facts of your case, your attorney may file pre-trial motions that can significantly affect the evidence the prosecutor is allowed to use. A motion to suppress evidence under Penal Code section 1538.5 challenges whether the officer had a legal basis to stop your car or to conduct the investigation the way they did. If the motion is granted, key evidence can be excluded, which often changes what a prosecutor is willing to offer or whether they can proceed at all.
What You Should Be Doing Right Now
The weeks between your arraignment and your pretrial are not a time to sit back and wait. There are concrete steps you can take that will help your case and demonstrate good faith to the court. Enrolling in a DUI education program, attending AA meetings, or completing community service hours before you are even required to do so are all forms of mitigation documentation that can influence the prosecutor's offer and the judge's view of you at sentencing. The effort you put in now often shows up in a better outcome later.
Continuances Are Common and Often Strategic
Do not be alarmed if your attorney asks to continue, meaning postpone, one or more of your court dates. Defense attorneys sometimes use continuances strategically to allow more time to gather evidence, to let a witness become unavailable, or to give a client more time to complete mitigation steps. California's speedy trial statute gives the defense some room here. You can learn more about the strategic use of continuances in DUI cases on this site.
Your Driving Privilege May Already Be Restricted
Even while your criminal case is pending, your license situation may already be changing. If the DMV suspended your license after your arrest, you may be eligible for a restricted license that allows you to drive to work and to DUI programs. This is separate from any sentence the criminal court might impose later. Understanding your driving options now, rather than waiting for the case to close, can help you maintain employment and meet your obligations while the case is pending.
Should You Talk to Anyone About Your Case During This Time?
I want to be direct with you: the period between your arraignment and your pretrial is exactly when well-meaning conversations can hurt you. Do not discuss the details of your arrest with friends, coworkers, or family members who might later be called as witnesses. Do not post anything about your case online. The criminal case and the DMV case are both still very much alive, and anything you say can find its way into evidence. Stick to communicating with your attorney, who is protected by attorney-client privilege.
What If You Cannot Afford a Private Attorney Right Now?
If you are represented by a public defender, they will also be reviewing discovery and may file motions on your behalf. The process unfolds the same way procedurally. There is a thorough breakdown of the tradeoffs in the public defender versus private attorney article on this site if you are still deciding how to approach your representation. Whatever you choose, staying engaged with your case and completing mitigation steps on your own is always within your control.
The Waiting Is Hard, but the Work Matters
I understand that the weeks between court dates can feel like limbo. Your license may be affected, your job situation may be uncertain, and the anxiety of not knowing what comes next is real. But this period is one of the most important in your entire case. The evidence gets assembled, the motions get filed, and the leverage for negotiation gets built right now. The more informed and prepared you are, the better positioned your attorney is to fight for the best result the facts allow.
If you want a free written analysis of your specific case, you can request one right here on this page. You are also welcome to call me directly at (888) 271-6644. I answer my own phone, 24/7. And if you want to keep reading, visit more from the DUI blog for additional guidance on every stage of a California DUI case.