The DUI Court Process
Misdemeanor Arraignment- If you are charged with a felony DUI the following does not apply to you. Find an attorney–private or public defender, but do not try to handle any part of a felony case on your own. This article focuses on the DUI court process as it relates to misdemeanor charges. (FYI, the overwhelming majority of DUI cases are misdemeanors.) The first appearance you will make during a misdemeanor DUI court process is the arraignment. Shortly after DUI charges have been filed against a person, he/she must go to court for an arraignment and possibly a bail hearing. If you are facing a second DUI there could be a bail hearing before the arraignment occurs. At the arraignment, the person must enter a plea of “not guilty”, “guilty”, or “no contest” and advise the court if they are willing to “waive time” for a speedy trial. At the arraignment hearing, the judge will also set the case for a “Pre-Trial Conference”. This is the first opportunity that your attorney will have to discuss the case with the DA and get an offer from the DA.
Should I waive time? Probably, but sometimes there can be compelling reasons to not waive time. For example, if you are pepared for trial and the DA isn’t, then don’t waive time.
What if I already waived time? You can “pull the time waiver” at any hearing.
What is the effect of pulling the time waiver? The case must go out to trial within 45 days of the pulling of the time waiver.
Remember, a person is innocent unless and until he/she is proven guilty beyond a reasonable doubt. There are many defenses available for DUI arrests. If you are thinking of challenging the complaint against you, then our advise is to at least consult with an attorney if not hire one.
The Pre-Trial Conference: The Pre-trial conference is the first opportunity you will have to speak to the D.A. and “get an offer”. Generally, in making an offer the D.A. will speak in terms of “days” of work release or jail. The fines, DUI school and probation tend to be standardized in each courthouse–in our experience a D.A. will only divert from that standard offer if (a) you are able to show them that there is a problem with their case or (b) the facts are such that the D.A. feels that a tougher sentence is appropriate.
It is not unusual in a misdemeanor case for a defendant to have several pre-trial conferences. This is usually because the defense attorney did not yet get all of the discovery he or she was entitled to from the D.A. At some point, the ability to obtain a pre-trial conference and the matter is set for a final hearing before trial called “dispo or set.”
Dispo or Set: At this final pre-trial conference, the Court will either take a “disposition” from you–enter a plea based on the offer given to you by the D.A.– or it will “set” the case for trial, which means that the court will set a trial date. Most counties include a “readiness conference” just before the date of trial.
Readiness Conference: A readiness conference accomplishes several things. First, it is a last chance to settle the case before the case goes to trial. Second, a readiness conference allows both parties to indicate that they are “ready” for trial (usually the next Monday).