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DUI - Arraignment

After the arrest, booking, and initial bail phases of the DUI process, the first stage of courtroom-based proceedings takes place -- arraignment. It is important to note that in DUI cases, the arraignment usually represents the first and last time the suspect will be in court, as most DUI suspects choose to plead guilty, especially if evidence of intoxication is strong and little leeway for a plea bargain exists.

During a typical arraignment, a person charged with DUI is called before a criminal court judge, who:

• Reads the criminal charge(s) against the person (now called the "defendant");
• Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney;
• Asks the defendant how he or she answers, or "pleads to", the criminal charges -- "guilty," "not guilty," or "no contest";
• Decides whether to alter the bail amount or to release the defendant on his or her own recognizance (Note: These matters are usually revisited even if addressed in prior proceedings); and
• Announces dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial.

The Right to Counsel

If a DUI defendant faces the possibility of jail time if convicted, the defendant has a constitutional right to the assistance of an attorney, or "counsel." If the defendant wishes to be represented by an attorney but cannot afford to hire one, a government-appointed attorney will be assigned at no cost to the defendant. Usually employed as "public defenders", these government-appointed defense attorneys are responsible for zealously protecting a criminal defendant's rights at all stages of the criminal process.

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