San Francisco DUI Arraignment

 

Your First DUI Court Appearance

Individuals arrested for a first offense misdemeanor DUI are almost always released from custody after they’ve sobered up, usually the following morning.  If the DUI arrest is for a multiple DUI or a felony, a bail bond may be required to secure release from jail.  Otherwise, the DUI offender is released on their Promise to Appear in court.  The written Promise to Appear can take many forms but it typically is a citation that directs the individual to appear at a specific court location on a given time and date.  This first court appearance is called an Arraignment.

The purpose of the arraignment is to advise the defendant in a criminal case of the charges that have been filed against them and for the judge then take the defendant’s plea.  In almost all DUI cases, that plea should be Not Guilty.  After entry of plea, the judge will then schedule a secondary court hearing usually called a Pretrial Conference.  Also addressed at the arraignment will be any pretrial release orders or conditions.  Pretrial release conditions include orders to abstain from alcohol use, an order to attend Alcoholics Anonymous or AA meetings, pretrial ankle monitors like SCRAM, etc.  The judge can also order the defendant remanded into jail custody, but this is reserved for the most serious DUI offenses, like felonies or multiple DUI’s.  Otherwise the DUI arraignment is a rather non eventful court hearing.

San Francisco Bay Area DUI defendants who are represented by privately retained counsel are not required to personally appear for their arraignment and can authorize their lawyer to appear on their behalf pursuant to California Penal Code Section 977.  Since the facts of the defendants DUI case are usually unknown at the time of arraignment, it’s not advisable for a DUI defendant to appear for this hearing.  If a DUI defendant does not have a lawyer, they must personally appear for this hearing or a warrant will be issued for their arrest.  

The typical DUI arraignment is scheduled anywhere from four to eight weeks after the date of the DUI arrest.  The local district attorneys office is supposed to review the arrest report, chemical test results and any other supplemental evidence and file a formal Complaint outlining the charges against the defendant before the arraignment hearing.  This does not always happen and the district attorney has up to one year from the date of the DUI arrest to file charges before the statute of limitations will run in a misdemeanor DUI.  That said, it’s possible that a DUI defendant’s arraignment hearing will be continued without notice to some future date within this window.  This is particularly true in Contra Costa County where it is standard to hold the DUI arraignment around ten months after the date of arrest.  Either way, if the DUI defendant or attorney fails to appear for the arraignment, the judge will issue a bench warrant for the defendants arrest.  

If the DUI arrest was for a felony DUI, the defendant will be required to appear for the arraignment.  While it's important to have a DUI lawyer retained before any arraignment, it's particularly true for a felony DUI.  Even a first offense DUI  that's been charged as a felony can result in the defendant being sent to jail so having an experienced DUI attorney on your side can make the difference between a non jail and a custodial DUI sentence. 

If you or someone you know has been charged with a California DUI, then call San Francisco DUI attorney Nors Davidson today for a free consultation (415) 601-4140 or visit

www.sanfranciscoduicrimedefense.com