Being arrested for a DUI (Driving Under the Influence) is stressful, and for many, it marks their first experience with the criminal justice system. One of the most intimidating parts is the first court appearance, often referred to as the arraignment. Knowing what to expect can help you feel more in control and better prepared to protect your rights.
This guide walks you through what happens at your first DUI court appearance, how to prepare, and what outcomes are possible at this stage.
What Is an Arraignment?
An arraignment is your first formal court hearing after a DUI arrest. It’s not the trial—rather, it’s the start of the legal process. At the arraignment:
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You are informed of the charges against you
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The judge advises you of your rights
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You enter a plea (guilty, not guilty, or no contest)
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Bail or release conditions may be reviewed or set
This appearance typically happens within a few days to a few weeks after your arrest, depending on your jurisdiction and whether you were booked and jailed.
What to Expect in the Courtroom
Here’s how the process typically unfolds:
1. Check In Early
Arrive at court early and dress appropriately. Business casual is recommended. Be respectful and prepared with any required documents, including your bail paperwork or court notice.
2. Court Is Called to Order
Once the judge enters, court begins. Cases are usually called one by one in alphabetical or docket order.
3. Your Case Is Called
When your name is called, you’ll walk to the podium with or without your attorney. The judge will read the DUI charge(s) against you.
4. You Enter a Plea
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Not Guilty: You’re contesting the charges. The court sets a future court date for a pretrial or trial.
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Guilty: You admit to the charges and accept sentencing.
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No Contest: You don’t admit guilt but accept conviction (often used in plea deals or if civil liability is a concern).
If you’re unsure how to plead, it’s generally safest to plead not guilty until you’ve spoken with a DUI attorney.
5. Bail or Conditions Are Reviewed
Depending on the severity of the offense or your criminal history, the judge may:
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Release you on your own recognizance (OR)
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Set bail if deemed a flight risk
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Impose conditions like no alcohol, ignition interlock, or travel restrictions
Do You Need a Lawyer at the First Appearance?
Yes—having a DUI lawyer is highly recommended, even for a first offense. An attorney can:
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Help you understand the charges and potential consequences
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Negotiate with the prosecutor
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Enter a plea on your behalf
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Advocate for release without bail or lighter pretrial conditions
If you can’t afford a lawyer, request a public defender at your arraignment.
Possible Outcomes After the First Appearance
After your first DUI court appearance, a few different paths may follow depending on your plea:
1. Case Is Continued
If you plead not guilty, the judge will schedule a pretrial conference or motion hearing, often 30–60 days later.
2. Diversion or First Offender Program
In some states, first-time DUI offenders may qualify for diversion programs, which include classes or treatment in exchange for dismissal or reduced charges after successful completion.
3. Negotiated Plea Deal
In some cases, your attorney may negotiate a plea bargain with reduced charges (like reckless driving) before trial.
4. Trial Date Is Set
If you maintain a not guilty plea and no deal is reached, the court will set a trial date.
What Happens If You Don’t Show Up?
Failing to appear for your DUI arraignment is serious. The court will issue a bench warrant for your arrest. This could lead to:
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Immediate arrest if stopped again
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Higher bail or no bail release
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Additional criminal charges
Always show up to court and inform your attorney of any issues in advance.
How to Prepare for Your DUI Court Appearance
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Speak with an attorney as soon as possible
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Gather documents like your arrest report, license status, or prior offenses
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Dress respectfully and arrive early
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Avoid driving to court if your license is suspended
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Be polite and respectful to the judge and court staff
Conclusion
Your first DUI court appearance is a critical moment in your case. While it may seem overwhelming, understanding what to expect helps you prepare and make smart decisions. Pleading not guilty gives you time to evaluate evidence, consider legal options, and potentially reduce the charges or penalties.
If you’ve been charged with DUI, consult a qualified attorney immediately to protect your rights and guide you through the court process. One mistake shouldn’t define your future.
