- Blood Alcohol Content
- Zero Tolerance Laws
- Ignition Interlock Device
- DUI Bond and Booking
- DUI Arraignment
- DUI Trial
- DUI Plea Bargains
- No Contest Plea
- DUI Expungement
DUI Arraignment
After an arrest and booking for driving under the influence (DUI), the defendant appears before a judge for an arraignment; this will be within 24 hours of the arrest. Typically this is the only time the defendant will be in court because most drivers plead guilty, knowing the evidence is insurmountable.
At the arraignment, the judge reads the charges against the defendant. The defendant is asked if s/he has an attorney or if need a court-appointed attorney (a public defender).
The defendant is asked to plead ‘guilty,’ ‘not guilty,’ or ‘no contest’ (also known as ‘nolo contendere’). Pleading ‘no contest’ has the same meaning as pleading guilty as far as punishment is concerned, but it does not require admitting guilt. This is helpful if other charges from the drunk driving incident result, such as property damage or personal injury.
The defendant may be ‘released on his or her own recognizance,’ which is an agreement to appear in court when requested. Bail, if required, is set at this time as well as dates for any future proceedings. The prosecution provides copies of all evidence reports to the defense attorney.
If you plead guilty, your sentencing is set. If you enter a plea of ‘not guilty,’ your attorney or public defender may trial to arrange a plea bargain for you, which means that you would be sentenced on a lesser charge than DUI. Penalty options depend on the seriousness of your crime. If the incident involved a great deal of property damage, personal injury, or a death, your plea bargain may involve your pleading guilty to DUI rather than a more serious charge such as manslaughter. You cannot arrange a plea bargain without an attorney or a public defender.
If your attorney cannot negotiate a plea bargain, you trial will be set. Before your trial, your attorney might file legal arguments, called ‘pre-trial motions,’ to attempt to get your charges dismissed, perhaps because the police did not follow proper procedure in your arrest.
A trial, if required, is to allow both defense and prosecution to present their evidence and arguments and call upon witnesses. The jury determines if you are guilty or not guilty of the crimes with which you are charged.