The DUI Arraignment

The first time you appear in court is called your “arraignment.” At the arraignment, a judge will formally notify you of the charges against you and apprise you of your constitutional rights. It is not necessary to appear in court for misdemeanor charges – your DUI attorney can make the appearance on your behalf.

At the arraignment, bail will be assigned for those individuals still in custody. Bail is intended to ensure your appearance in court. Typically, your attorney will argue for bail to be reduced or eliminated. Factors considered in setting bail include your flight risk, whether you are a danger to the community, any prior criminal record, the type of charges against you, and any family ties to the area.

Pre-trial Conferences

Your attorney, the judge, and the prosecutor will have a pre-trial conference to discuss your case. Each side will present the merits of the case, and the judge will provide a preliminary opinion. After a presentation of the case, your attorney may enter a plea bargain or set the case for trial.

Preliminary Hearing (Felony Cases Only)

Preliminary hearings are held in felony cases to determine if the prosecutor has sufficient evidence to bring charges against you. At this stage, the standard of proof is low. Defense attorneys often use this opportunity to point out flaws in the prosecution’s case through cross-examination but usually do not present your case in full. It is possible to get your case dismissed at this stage of the proceedings.

Trial

A trial before a jury of 12 peers will occur if you are unable to resolve your case. Both sides will be given the opportunity to present his or her version of events along with supporting evidence and witness statements. In turn, your attorney and the prosecution will be allowed to cross-examine opposing witnesses. The jury will then deliberate. In DUI trials, a jury must reach a unanimous agreement that you are guilty beyond a reasonable doubt in order to convict you. Otherwise, the trial is declared a “mistrial.”

Sentencing

Your case will be set for sentencing if you accept a plea bargain or a jury finds you guilty. Your attorney and the prosecutor will have a chance to present arguments for consideration in sentencing, then the judge will determine the appropriate sentence.