DUI Arraignment
There are many components of the DUI process. First, the suspect is arrested for driving under the influence. Next, he or she is booked and may even spend the night in jail. After booking, the suspect must go through the DUI bail process.
The first step in court proceedings is the DUI arraignment. For many people, the arraignment is the first and last time he or she will be in court, as it is common for DUI defendants to plead guilty.
During the arraignment,
the defendant is called before the judge. The judge then reads the criminal charges against the defendant and asks if he or she has an attorney. Next, the judge asks the defendant how he or she pleads: guilty, not guilty, or no contest.
Even if bail has been brought up in prior proceedings, the judge will decide whether to change the bail amount or if the defendant should be released on his or her own recognizance. The judge then announces the dates of further court proceedings in the case. These may include the
preliminary hearing, the
pre-trial motions, and the trial.
At the preliminary hearing, the prosecutor must give the defendant and the defense lawyer copies of the police reports and other evidence that may be used during the case. For example, the test results from a breath, blood, or urine test must be handed over to the defense, as well as any notes from the arresting police officer.
In any case where the defendant faces possible jail time, he or she has a constitutional right to legal counsel. If the defendant cannot afford to hire an attorney, a government-appointed attorney may be assigned at no cost. This public defender’s job is to protect his or her client’s rights during all phases of the criminal process.
In many cases, it is worth going to trial to fight a DUI charge. The
punishments for driving under the influence include jail, probation, community service, and a driver’s license suspension. The judge may also order mandatory drug and alcohol counseling and treatment or DUI School. For people with
one or more prior DUIs on their record, the penalties are even more severe.
If you are facing a DUI arraignment, it is important to have a good defense lawyer on your side.