After an arrest for driving under the influence (DUI), prosecutors decide whether or not to file criminal charges. If you receive a citation for a court date, that means the prosecution filed charges, and this court date is your arraignment. What happens at a DUI arraignment in California? Generally, this is when you hear the charges against you, are told your rights, and learn whether the court grants you bail.
Going to an arraignment is an important part of the process that you cannot miss, and it can also be very overwhelming. It can help to understand the full process and know what you can expect.
The Process of a DUI Arraignment
Whether you were arrested for a DUI offense during a traffic stop or after a vehicle collision, an arraignment can be scheduled after criminal charges are filed. In California, there were 102,646 DUI arrests in 2025, and 5,792 DUI arrests in 2023 in San Bernardino County.
Criminal charges are usually filed very soon after an arrest, especially if you were detained. If you were not in custody, the arraignment may take weeks or months to happen, but the charges must be filed within the criminal statute of limitations, which is one year for most misdemeanor offenses and three years for most felony offenses.
The process is usually very brief. An arraignment includes the following aspects:
Learning the Charges Against You
The arraignment occurs with a judge, the district attorney prosecutor, and your lawyer, if you have one. The judge informs you of several things, including the charges you face.
Your DUI charges might be specific charges like:
- A per se DUI, where you have a blood alcohol concentration (BAC) of 0.08% or higher
- A DUI where you were under the influence of alcohol, a drug, or a combination of drugs and alcohol
- DUI offenses by those under the age of 21
- Driving a commercial vehicle and commercial driver’s license with a BAC of 0.04% or higher
- A DUI offense that resulted in injury to other people
- Vehicular manslaughter
Being Told Your Rights
The judge at your arraignment will also tell you your rights, including your constitutional rights like:
- Your right to legal counsel
- Your right to remain silent
- Your right to a jury trial
- Your right to a speedy trial
Entering Your Plea
Once you have been provided this information, the judge will ask you how you plead. Your plea options are:
- Guilty, where you admit to the criminal charges and face conviction and criminal penalties.
- Not guilty, which means you contest the state’s charges for your DUI.
- No contest, or nolo contendere, where you do not contest the charges, which means you do not accept guilt but do accept conviction and penalties.
A no contest or guilty plea will end your criminal case, and you will face penalties like fines, imprisonment, a criminal record, driver’s license consequences, and many other penalties. It limits your future options because it is much harder to retract your guilty plea. Pleading not guilty provides the most options for your case, and it is possible to change to a guilty plea later. You should always talk with your attorney before you make your plea.
Learning Your Bail and Release Conditions
If your arraignment occurred and you were still in custody, then the judge determines if you are to remain in jail or not. There are several options that the judge may decide on, such as:
- Released on your own recognizance. This means the judge allows you to be released from custody with the promise that you will come back to court for your next court date.
- At-home detention. You are able to be released from custody, but you are under supervision at home.
- Set bail. Bail is an amount that you must pay to ensure you will return for your court date. The judge can set bail, and you remain in custody until your bail is posted.
- Bail not set. The judge may require that you remain in custody.
The severity of the offense and the risk to public safety are the primary considerations for these cases.
FAQs
Should I Plead Guilty at an Arraignment for DUI?
It’s usually better not to plead guilty at an arraignment for a DUI, but you should always discuss your situation with a defense attorney before you make your decision. Pleading not guilty gives you the most options following an arraignment, while pleading guilty or no contest can result in severe criminal penalties without an option for negotiating the charges.
Do Cases Get Dismissed at Arraignment?
While cases can get dismissed before an arraignment, dismissal of the case is not usually handled at the arraignment unless there is a significant procedural error or the prosecution does not have enough evidence for its case. The arraignment is the first hearing after charges are filed. If a case gets dismissed, it generally happens before the prosecution files charges against you, after the arraignment in pre-trial motions or plea bargains, or during the trial.
How Likely Is Jail Time for a First DUI in California?
Jail time for a first-time DUI in California is very likely, as DUI offenses have a mandatory minimum of hours served in jail. Sometimes these hours can be served outside of jail when specific circumstances apply. Even a first-time DUI can carry a minimum of 48 continuous hours and 96 total hours, up to six months in jail. When mitigating factors apply, like no accident or a low BAC, you may only receive this minimum sentence.
How Often Does a DUI Case Get Dismissed?
DUI cases do get dismissed, but it depends on your unique criminal case. In a 2022 report, the California Department of Motor Vehicles states that there was a DUI conviction rate of 68.9% in 2019. Although these cases have a high conviction rate, there are options to defend your rights. When you hire a skilled DUI lawyer, they can build a defense, such as lack of probable cause for a traffic stop or arrest.
Hire a DUI Lawyer in California
At Kolacia Law Firm, we can help you navigate DUI cases handled by the Superior Court of California for San Bernardino County and represent you in your arraignment and every part of the case. Contact us today.
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