The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.
The Who – Who goes to a DUI arraignment?
- A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
- The arraignment is held in a court of law in front of a judge.
- It is likely that the city or state prosecutor will also be present.
- If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present. If a private attorney was not hired than a public defender will be present.
- Other people may also be in the courtroom during the DUI arraignment.
- An arraignment is a criminal defendant’s first formal court hearing.
- The defendant will be formally told of their charges by the judge or prosecutor.
- The defense attorney and judge will advise the defendant of their legal rights.
The Why – Why is an arraignment important?
- During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
- The defendant will need to plead guilty or not guilty.
- Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
- In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
- And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.
The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.