A criminal prosecution for DUI involves many steps, from an initial traffic stop to a final result. If your attorney is fighting for you, a DUI case may require multiple court appearances over many months.  

The first court date is called your “arraignment.”  At arraignment, the judge will inform you of the charges filed by the prosecutor (also known as the “District Attorney” or the “DA”).  The prosecutor will usually make an initial offer to settle the case.  That means they will propose that you plead to “X” charge(s) in exchange for “Y” penalties.

You can either accept the offer and enter a plea of “no contest,” or you can plead “not guilty.” In Monterey County, you can also ask to continue the arraignment for a few weeks and not enter a plea at all.

The judge may require you to post bail or release you on your own recognizance. If the judge imposes bail, you must post security, such as money or a bail bond, to ensure that you will return to court as ordered.

Release on your own recognizance means you will stay out of jail while your case is ongoing by signing a promise that you (or your attorney) will appear at all your hearings. The judge may also impose terms and conditions on you.  These always include obeying all laws.  They may also include terms like abstaining from alcohol or attending 12-step meetings.

The judge will then schedule another court appearance, usually a few weeks later.

An arraignment is usually a very brief event.  This is not an opportunity to discuss the case.  Arraignments are usually over in about two minutes.

If you are charged with misdemeanors, your attorney can usually appear without you present.  People frequently ask if it will make a difference to the outcome if they are present at the arraignment.  In almost every case, the answer is, “No.”  If your attorney thinks it is important for you to be there, he or she will let you know in advance.

If you are charged with a felony, you must be physically present in court.

If you go to court without a lawyer, you can ask the judge to appoint the Public Defender, an attorney paid by the county.  The judge will ask you questions about your income to determine whether you qualify for a Public Defender.  If you do not qualify, the judge will give you time to hire a lawyer and schedule another court date.

In most cases, your lawyer will not have received the police report before the arraignment.  Once your lawyer receives the police report, he or she can then request all the additional evidence in the case, such as police body-cam or dash-cam footage.

Even a relatively straightforward DUI case may last six months to a year, or even longer, with multiple court appearances.  If you are charged with misdemeanors, you may never be required to come to court.  Your attorney will let you know if it will be helpful for you to come to court.

Although arraignment is usually a very brief event, it is extremely important that either you or your attorney be there.  Otherwise, the judge will issue a bench warrant, and you may end up in jail.  Although you can choose to go to your arraignment without an attorney, most people find it much less stressful to have an attorney appear for them.