In California, a DUI accusation is a severe issue that necessitates navigating an intricate legal process. Among the initial steps of this legal process is being arraigned in court. Knowing what occurs at the arraignment, what to expect, and the implications involved will enable you to prepare early enough for the case and fight to protect your legal rights. This blog comprehensively explains the California DUI court arraignment process, detailing what to anticipate and key considerations.

Understanding Arraignment in DUI Cases

A DUI court arraignment refers to an official court proceeding during which the arrestee is formally accused of a drunk-driving crime and enters a plea. This is the initial court appearance in the DUI court process. The steps leading up to a DUI arraignment generally involve these steps:

  • A police officer pulls a motorist over if they suspect they are driving while intoxicated

  • They collect evidence of intoxication, for example, by administering a breathalyzer or various field sobriety tests

  • If the police officer thinks probable cause exists and believes the motorist is intoxicated, they will arrest and take the motorist to the nearest police station.

  • While there, the motorist will undergo breath testing. Or, if the officer suspects they are intoxicated with drugs, they will administer a blood or urine test.

  • The authorities will hold the driver in jail if it is determined that they drove while intoxicated. Alternatively, if it is a minor issue, the authorities may release the motorist after they post bail or sign a note promising to appear in court. During this period, the arresting officer will compile their report and send it to the prosecution office. The D.A. will then decide whether to formally charge the motorist with intoxicated driving and what charges to press.

  • If the D.A. files formal charges, the driver will be set for their first court appearance—the arraignment. If they do not, the driver will have no case to answer and will be free to go.

A DUI arraignment typically happens shortly after an arrest (within forty-eight hours of arrest). This is especially so if the authorities have the driver in confinement. However, if the authorities did release the motorist pending the resolution of their charges, an arraignment could happen weeks or even several months after the driver's arrest. The authorities would be more likely to hold a driver in confinement if they arrested them for a severe DUI violation, such as:

  • DUI causing injury

  • Vehicular manslaughter

  • Gross vehicular manslaughter while intoxicated

The primary purpose of this proceeding is to

  • Notify the accused of their charges.

  • Allow them to take a plea.

  • Address bail (if they were not already released), plus other preliminary issues

You must appear at the court arraignment, particularly if you were released. If you fail, the judge will issue a bench warrant against you. When the authorities next locate you, they will rearrest you. You will then not only face the DUI charges in question, but you might also be accused of failure to appear.

What to Expect At The Arraignment

A DUI arraignment is a brief hearing. It usually takes only a few minutes. At this hearing, the following will happen.

You Will Learn About Your DUI Charges

You will be brought before a judge in court, where they will read you the exact charges you face and the possible consequences. We mentioned that the D.A. would determine what DUI charges to file against you based on the DUI law you violated. You want to understand that California has several DUI laws under which you can be charged, including the following:

  • VC 23152(a), DUI of alcohol or drugs

  • VC 23152(b), operating a vehicle with a BAC (blood alcohol content) of .08 percent or more

  • VC 23152(c), operating a vehicle while addicted to drugs

  • VC 23152(d), commercial vehicle driving with a BAC of .04 percent or more

  • VC 23152(e), DUI by limo, taxi, Lyft, or Uber driver

  • VC 23152(f), driving while intoxicated with drugs

  • VC 23152(g), driving while intoxicated with both alcohol and drugs

  • VC 23136, zero tolerance law on underage DUI

  • VC 23140, underage DUI with a BAC of .05% or higher

  • VC 23153(a) DUI causing injury

  • PC 191.5(B), Vehicular manslaughter while intoxicated

The Judge Will Inform You of Your Constitutional Rights

You have several rights under the U.S. and California constitutions if you are subject to a DUI arraignment. Some of these are the right to:

  • Attorney representation. If you cannot afford to pay for an attorney, the court will appoint one for you free of charge

  • A speedy trial. You are entitled to your trial being held within a reasonable amount of time

  • To remain silent to avoid incriminating yourself

  • A jury trial. You are entitled to your case being tried by a jury.

  • Confront and cross-examine any witnesses to your supposed crime. You are entitled to hear and see the witnesses testifying against you and ask them questions.

  • Produce and compel witnesses to testify. You are entitled to compel witnesses to appear in court and testify in your favor.

You Will Enter a Plea

Once the judge has read you your charges and rights, they will ask you how you plead to those charges. There are three potential ways you can plead, each with different implications. You can opt to plead no contest, guilty, or not guilty.

  • Not guilty. If you enter a not guilty plea, it means you are denying the DUI charges you face and intend to contest them. Pleading not guilty results in further legal steps, including pretrial hearings, motions, and possibly a trial. In most cases, lawyers advise DUI arrestees to enter a not guilty plea. Retracting your plea later after you enter a guilty plea is not easy. On the contrary, you can easily retract your not guilty plea and enter a no contest or guilty plea later. If you enter a not guilty plea, an attorney can assist you in working on a compelling defense strategy.

  • Guilty. Some motorists decide to plead guilty after a DUI accusation. If you plead guilty, it means you are admitting you committed the crime and accepting the DUI charges against you. The judge will convict you and sentence you to various penalties in that case. Some penalties you may face include jail time, fines, and driver’s license restrictions. A conviction means the charge will go on your criminal record.

  • No contest or nolo contendere. You can also enter the nolo contendere plea at your DUI arraignment. Pleading no contest means you do not admit guilt but accept the charges. Entering a no-contest plea also results in a conviction and sentencing. Essentially, it ends your case. However, a victim cannot use your no-contest plea against you if they decide to file a civil suit due to the DUI.

The Judge Will Address Bail and Other Release Conditions

If you plead not guilty and you have not been set free on bail or your own recognizance before, the court will determine whether you should remain in custody until your case is resolved or if you can go free. The judge might decide to:

  • Permit you to go free after you have promised you will appear for your court date (this is release on your own recognizance

  • Permit you to go free, but remain under supervision; for example, you wear an ankle monitor or remain under home detention

  • Set bail and require you to return to custody until you post the imposed amount

  • Not set bail and order you to return in custody until your case ends

Factors affecting whether the judge sets or denies bail and the bail amount include the following:

  • Your criminal record

  • The seriousness of your DUI violation

  • Whether you are a flight risk

  • Public safety

Alongside setting bail, the judge can also impose pretrial conditions you must obey for your continued stay out of jail. Some of these conditions include refraining from drinking alcohol and regular meetings with an assigned probation officer.

Also, during the DUI arraignment, the D.A. will turn over the evidence they obtained in your DUI case, or discovery. This evidence includes the BAC test results. Towards the end of the arraignment, the judge will set a date for the first pretrial conference, generally for a few weeks in the future.

Key Considerations At Your DUI Arraignment

You want to have a DUI lawyer present during your DUI arraignment. An experienced DUI lawyer can guide you on what plea you should enter, negotiate bail conditions, and address all other legal concerns. The court will appoint a public defender if you cannot afford to pay for one yourself. However, hiring a private lawyer skilled in DUI matters can present more customized legal strategies.

Understand Your Charges and Penalties

Your lawyer will review your charges and the prosecution’s evidence to evaluate the strength of your case. Knowing the specific facts surrounding your case helps you make an informed decision about how you will proceed.

DUI crimes can result in various consequences, including DUI school, license suspension, fines, and even incarceration. Understanding these possible repercussions is crucial to developing your defense strategy.

Evaluate Defense Strategies

The DUI arraignment allows you to discuss a preliminary defense strategy with your lawyer. Your lawyer might identify possible procedural mistakes that could impact your case or loopholes with the prosecution’s evidence.

After the arraignment, other steps of the DUI process include discovery, pretrial motions, plea deal negotiations, and possibly a trial in court. Understanding all these steps will help you know what you can expect next.

  • Pretrial hearing. An attorney can assist with your pretrial motions and hearings. During the pretrial period of your DUI case, your attorney can seek to block the prosecution’s evidence by filing a motion to suppress or seek to have your DUI charges dismissed. Another relevant pretrial motion your lawyer can file is the Pitchess motion, which aims to have the defense team assess the arresting police officer’s prior conduct.

  • Plea deal bargaining. Many California DUI cases do not proceed to a trial in court. Instead, they are resolved via a plea deal. Plea deals are offers the prosecution makes. Typically, they entail admitting to lesser charges in exchange for a lenient sentence. That means you will still have a guilty verdict on your record. Some plea deals for DUI cases in California are wet reckless and dry reckless.

  • DUI trial. As mentioned above, most California DUI cases are not subject to trial. However, that is not always the case. Your DUI case can be subject to a jury trial. Your lawyer can fight for you in court if your case goes to trial. During this trial, they will be working to prove you were never intoxicated or impaired by drugs or alcohol. They can also assert that the police stopped you without any probable cause. A jury trial ends with either an acquittal or a conviction.

Remember that there are two different DUI processes: the criminal process and the administrative process. Arraignment happens in the criminal DUI process. The administrative DUI process is expedited and handles matters related solely to your driving privilege suspension. The hearing occurs before the DMV (Department of Motor Vehicles), and you must request it within 10 days of your DUI arrest. If you fail to do so, you will lose the right to the hearing, and your driver’s license will become suspended automatically after thirty days.

Find a Competent DUI Attorney Near Me

A DUI arraignment is usually just the start of a long, intricate process. If you have been charged, you want to hire the services of an experienced DUI lawyer urgently. An attorney will increase your odds of securing a favorable outcome at any stage of your DUI process, including the arraignment.

At the Law Offices of Jonathan Franklin, our dedicated and attentive attorneys offer personalized legal representation for every DUI case we handle. We can utilize our in-depth knowledge to pursue a dismissal or reduction of your charges on your behalf. If you seek DUI representation in Los Angeles, do not hesitate to contact us at 310-273-9600 for a consultation. Your freedom and future are too essential to leave up to chance—ensure they are in excellent hands.