Penal Code 977 is the statute that lets many DUI clients avoid going to court at all. It governs when a defendant must appear in person and when an attorney can appear on the defendant's behalf, and for a misdemeanor DUI it is the legal basis for me handling your appearances for you.
What it allows for a misdemeanor DUI
Under Penal Code 977(a), a defendant charged with a misdemeanor may appear through counsel for most proceedings. With a signed waiver, your attorney can attend the arraignment, the pretrial conferences, and most other dates without you being present. In practice that means most misdemeanor DUI clients never set foot in court, which protects your privacy and your work schedule.
The limits
Section 977 draws a line for felonies. In a felony case, Penal Code 977(b) requires the defendant to be personally present at key stages, including the arraignment, the plea, and sentencing, unless a specific written waiver is approved. So whether your case is charged as a misdemeanor or a felony directly affects whether you have to appear.
Why it matters
Keeping a case a misdemeanor, and using the 977 waiver, is part of what makes a DUI manageable. You can keep working and keep the matter private while your attorney moves the case forward.
Where to start
If you want to understand whether you will have to appear, that depends on how your case is charged and resolved. Use the free written case analysis below or call me directly. See also the DUI court process step by step.