I am Joel Brand, and I defend DUI cases across California. If you have just been arrested for DUI, your arraignment is likely the first time you will stand before a judge. Most people focus entirely on the legal strategy, which is smart, but they completely overlook something that also matters: how they present themselves in that courtroom. This post covers what to wear, how to behave, what not to do, and why all of it can quietly influence how your case begins to unfold.
Why Your First Court Appearance Sets a Tone
A courtroom is not a casual environment. The judge, the prosecutor, and even the clerks form impressions quickly. At an arraignment, the court is mainly there to read you the charges and take your plea, but it is also the moment when a prosecutor decides how seriously to treat you as a defendant. Walking in looking disheveled or acting dismissively can cost you goodwill you may need later. Walking in looking composed and respectful signals that you take this seriously, because you should. You can read more about what actually happens procedurally in my article on what happens at a DUI arraignment.
What to Wear: The Simple Rule
Dress as if you are interviewing for a professional job. For men, that means slacks and a collared shirt at a minimum. A jacket is better. For women, business casual or professional attire is appropriate. Avoid jeans, t-shirts, athletic wear, or anything with logos, graphics, or slogans. Do not wear sunglasses inside the courthouse. Remove visible piercings if possible, and keep jewelry understated. The goal is not to look wealthy. The goal is to look like someone who respects the process and takes responsibility seriously. Judges notice, and so do prosecutors.
Grooming and Personal Presentation
Show up clean, well groomed, and sober. This sounds obvious, but I have seen defendants arrive looking like they came straight from the prior night. Your hair should be neat. If you have a beard, trim it. Avoid strong cologne or perfume, which can be distracting in a small courtroom. If you have tattoos on your face or neck, there is nothing you can do about that, but covering arm tattoos with long sleeves is a reasonable step. Again, none of this changes the law or the evidence, but it shapes perception, and perception matters during negotiations.
Arrive Early and Know Where to Go
California courthouses are busy and confusing. Give yourself extra time for parking, security screening, and locating the correct courtroom. Showing up late to your arraignment reflects poorly on you and, if it escalates, can result in a bench warrant. My library has a dedicated article on finding your DUI court date and courtroom if you are unsure where to go. Turn your phone completely off, not just silent, before you enter the courtroom. Phones that ring during proceedings irritate judges.
How to Conduct Yourself Inside the Courtroom
Sit quietly and wait your turn. Do not talk loudly, do not whisper across the gallery, and do not react visibly when you hear other cases called before yours. When your name is called, walk calmly to the front, stand straight, and respond clearly. Address the judge as "Your Honor." Answer questions directly and briefly. Do not volunteer information the judge did not ask for. Do not argue, sigh, roll your eyes, or make any gesture that could be read as disrespectful. Your attorney should do most of the talking. Let them. This moment is about entering a plea and understanding your release conditions, not about defending yourself out loud.
What to Do If You Are Nervous
Being nervous is normal. Most of my clients are nervous at their first appearance. Take slow breaths, stand still, and speak in a measured tone. If you do not understand a question the judge asks, it is perfectly acceptable to say "I am sorry, Your Honor, could you repeat that?" What you must not do is panic and start talking about the night of the arrest. The arraignment is not a trial. Nothing you say in an attempt to explain yourself at this stage will help you, and it could hurt you. My article on what to expect at a DUI arraignment walks through the full sequence so you know exactly what is coming.
Bring Everything Your Attorney Asks You to Bring
If you have retained an attorney before your arraignment, they will give you a list of documents to bring, such as identification and any paperwork you received at the time of your arrest, including the pink DS-367 temporary license. That document is important. You can learn why in my article about the DS-367 pink slip. Follow your attorney's instructions precisely. If you have not yet retained an attorney, understand that the decisions made at the arraignment, including whether to waive time and how to enter your plea, have real consequences. My article on navigating your first court appearance covers those decisions in detail.
Do Not Discuss Your Case in the Courthouse Hallways
This surprises people, but courthouse hallways are not private. Other defendants, witnesses, prosecutors, and law enforcement officers pass through them constantly. Do not discuss what happened the night you were arrested, what your BAC was, or what your strategy is while standing in a public corridor. Save those conversations for a private meeting with your attorney. This rule extends to the elevator, the parking lot, and anywhere else you might be overheard. Anything you say can be repeated and potentially used against you.
What Happens After the Arraignment
The arraignment is only the beginning of what is usually a longer process. After you enter your plea, the case moves toward pre-trial conferences, motions, and potentially a trial or a negotiated resolution. If you entered a not-guilty plea, your attorney will begin reviewing the evidence, including the police report, chemical test results, and any available video. Understanding the DUI court process step by step will help you stay calm as the case moves forward. Your attorney may also look at potential motions, such as a motion to suppress evidence, depending on how the stop and arrest were handled.
Your Conduct Matters Beyond the Courtroom Too
Courts today sometimes review social media. Prosecutors sometimes look up defendants. If you have publicly celebrated the arrest as a funny story or posted anything dismissive about the experience, that can color how a prosecutor approaches your case. My blog has a post on exactly this issue if you want to understand the risk. Beyond social media, demonstrate positive steps early: consider enrolling in an alcohol education program, attend any required meetings, and keep all your future court dates without exception. Taking these steps voluntarily, before you are ordered to, is a form of mitigation documentation that can genuinely matter when your attorney negotiates on your behalf.
Should You Have an Attorney at the Arraignment?
Yes, if at all possible. Having an attorney present at the arraignment means someone experienced is watching the release conditions being set, advising you on the plea, and signaling to the prosecution that your case will be contested. The comparison between your options is laid out in my article on public defender vs. private attorney for a DUI. Whatever you decide, do not walk into the arraignment without understanding your rights and the decisions in front of you.
You can get a free written case analysis on this page. Call me at (888) 271-6644. I answer my own phone, 24/7. For more practical guidance after an arrest, visit more from the DUI blog.