An Attorney Helped Me Finally Get on Disability

Your DUI Arraignment: What To Expect

An arraignment is one of the first things that anyone arrested for driving under the influence (DUI) will encounter. In some cases, defendants are released on bail and return later for an arraignment. In other cases, bail is part of the arraignment right after the arrest. Either way, you can be prepared for your DUI court appearance by reading the information below.

You Are Hereby Informed

Arraignments may be held in a courtroom, but they might also happen via video from the jail. Many defendants have not had an opportunity to obtain legal representation for the arraignment but that can be done later once released. In most cases, this is when you are formally read your charges including any counts. A DUI arrest may be a misdemeanor but not always. If the case involved a chase, an accident, a minor, or other factors, the charges can be elevated to a felony. Even misdemeanors, however, can result in jail time.

You Are Asked to Enter a Plea

This is also when you must enter a plea. This initial plea, however, can be changed later. Often, the plea may be changed to guilty at the time a plea bargain is agreed upon. Usually, however, the charges or the proposed sentencing are reduced. Most defense experts advise clients to plead not guilty at the arraignment. If you plead guilty, it can be awkward to later change the plea to not guilty. 

You May or May Not be Offered Bail

The issue of bail often comes up at an arraignment. Unless the judge has reason to believe that you will flee and not return for later court dates, bail is offered. If the bail is too high, the defendants have two options. They can get their lawyer to argue for a lower bail amount or they can use a bail bonding agency to obtain a bail bond for a percentage of the full bail. If the defendant is facing aggravated DUI charges involving a death, bail may not be offered. The lawyer will have to prove to the judge that they are not a flight risk and that they don't intend to drive while out on bail.

Whether you are released from jail or not, speak to a criminal law attorney about your DUI case right away. DUI cases are often full of opportunities for your lawyer to get your charges reduced or dropped.