Many people who are arrested for driving under the influence (“DUI”) (also called “driving while intoxicated” or DWI in many states) have no prior criminal history. A DUI arrest is typically unexpected, and the legal process is unfamiliar and may be intimidating for someone who has never been in court.
Procedures vary by state and locality, but this article provides an overview of the various court hearings and common procedures a defendant might expect to encounter in a standard DUI case.
How the DUI Court and Trial Process Works
Every case is different. But below we generally describe the various stages of how a DUI case proceeds in criminal court.
DUI Arraignment—First Court Date
The first court appearance in a DUI case is typically arraignment. Generally, state law specifies the timeframes within which the arraignment must take place. For instance, some states require the arraignment to be held within 36 hours of the arrest if the defendant is in jail and within 96 hours of the arrest if the defendant has been released.
How Long Do Arraignments Take?
Arraignments are usually quick. Although you might have to wait a while for other cases, the arraignment itself usually takes just a few minutes.
What Happens at Arraignment?
Advisement of Rights
At the arraignment, the judge normally reads the charges and maximum and minimum penalties to the defendant. The judge will also advise the defendant of his or her constitutional rights.
Legal Representation
In any criminal case, the defendant has the right to be represented by an attorney, and if the defendant can’t afford an attorney, the court will appoint one at no cost. At the arraignment, the judge will typically ask the defendant whether he or she plans to hire an attorney or would like court-appointed counsel. If a defendant qualifies, a court-appointed attorney usually will be appointed before or shortly after the arraignment.
DUI Bail and Release Conditions
The judge will also discuss bail and release conditions at arraignment. Generally, a defendant who has been arrested for DUI will obtain release before the arraignment by posting bail or being released without bail, which is commonly known as “own recognizance release” or “conditional release.” If the defendant isn’t released after being booked at the jail, the judge may reconsider release at the arraignment.
Whether a defendant posts bail or is released without posting bail, the defendant must agree to abide by certain release conditions. In a DUI case, release conditions might include the defendant agreeing to:
- appear in court for all scheduled proceedings
- not leave the state while the proceedings are pending, and
- not possess or consume alcohol or controlled substances.
When deciding whether to grant release, judges normally consider the defendant’s criminal history, the defendant’s ties to the community, and community safety.
Discovery—Getting the Police Report and Government's Evidence
Generally, shortly after the arraignment, the prosecutor will provide “discovery” to the defendant’s attorney. Discovery might include police reports, blood alcohol content (“BAC”) test results, arrest videos, and any other information that the prosecutor plans to use against the defendant in court.
Entering a plea of Guilty, Not Guilty, or No Contest to the DUI Charge
In some jurisdictions, the defendant must enter a plea—guilty, not guilty, or no contest—at the arraignment. In other jurisdictions, the defendant enters a plea at a plea hearing (see below).
DUI Plea Hearings
The plea hearing is the next court appearance in jurisdictions that don’t require a defendant to enter a plea at the arraignment.
Plea Bargaining in DUI Cases
Generally, the prosecutor will provide a plea offer to the defendant and some negotiations take place before the plea hearing. However, some states prohibit plea bargaining in DUI cases. Other states have mandatory minimum sentences for DUI convictions, leaving little or no room for discretion or plea bargaining.
Entering a Plea
At the plea hearing, the defendant can enter a plea of guilty, not guilty, or no contest. However, a no contest plea may require the consent of the judge.
DUI Preliminary Hearings
In some jurisdictions, the defendant is entitled to a preliminary hearing following arraignment. (Other jurisdictions have preliminary hearings only in felony cases, and DUIs are usually misdemeanors.)
At the preliminary hearing, the judge decides whether the state has enough evidence to establish a strong suspicion (called “probable cause”) that the defendant committed the DUI crime. Rather than deciding whether the defendant is guilty or not guilty, the judge is assessing whether there’s sufficient evidence against the defendant to proceed to a trial.
The purpose of the preliminary hearing is to dismiss cases where the evidence of guilt is so weak that no reasonable jury would find the defendant guilty.
Pretrial Hearings in DUI Cases
If the defendant pleads not guilty, a trial will be scheduled. Before trial, there might be pretrial motions made by the defense and the prosecutor. For example, a defendant’s attorney may file a motion to suppress physical evidence, BAC results, or incriminating statements.
If any pretrial motions are filed, the court will generally set a hearing and make a decision on such motions before trial.
DUI Trials
Although many DUI cases are resolved through plea bargaining, DUI defendants generally have a constitutional right to a jury trial.
Jury Selection in DUI Trials
Trial procedures vary by jurisdiction, but a DUI trial typically begins with selecting anywhere from six to 12 jurors from a pool of potential jurors to hear the case.
Opening Statements in DUI Trials
Before presenting any evidence, the prosecutor and defense give opening statements. In these statements, the parties basically tell the jury what they believe the evidence will show.
DUI Trial Evidence
After opening statements, each side presents its evidence, which might include the testimony of witnesses, BAC test results, photographs, and videos.
Closing Argument and Jury Deliberations
After the evidence is presented, the parties give closing arguments and the case goes to the jury for deliberations as to guilt. The jury privately deliberates until a verdict is reached. (Read more on DUI trials.)
DUI Sentencing Hearings
If the jury finds the defendant guilty or the defendant pleads guilty or no contest, the judge will set a sentencing hearing. The sentencing hearing may or may not occur on the same day as the guilty finding or the defendant’s plea. Depending on the jurisdiction and circumstances of the case, a DUI sentence might include:
- jail time
- fines
- driver’s license suspension
- installation of an ignition interlock device (IID)
- attendance at a victim impact panel
- community service
- substance abuse treatment, and
- probation.
Generally, the severity of DUI penalties depends on the number of prior DUI convictions the defendant has and whether the current offense involved any aggravating factors such as a particularly high BAC or an accident.
Talk to a DUI Attorney
If you've been arrested for driving under the influence, it's important to obtain legal assistance. If you're planning on hiring a private attorney, you should start looking right away as prompt action is often necessary to protect your rights.
A qualified DUI lawyer in your area can help you understand how the law applies in your case, inform you of the possible defenses you might have, and advise you on how best to handle your situation.