What to Expect at Your First DUI Court Appearance in Los Angeles
The first DUI court appearance in Los Angeles is the arraignment, when the judge tells you the charges, your attorney usually appears for you, a plea is entered, and the evidence request process begins.
If you were recently arrested for DUI in Los Angeles and you are holding a citation or release form with a court date printed at the top and wondering what happens next. You are not alone. There are many people facing DUI charges and this is their first time dealing with the criminal justice system and that first court date can feel overwhelming. You may be unsure of what to expect or whether you will be sent to jail or how you are supposed to respond when your name is called. These fears are common and understandable but the more you know about what happens at your arraignment the more confident and prepared you will feel walking into that courtroom.
Your arraignment is the first formal step in your DUI case. It is not a trial and it is not the day your fate is decided. It is where the judge reads the charges against you and explains your rights including asking for your plea. Even though the hearing itself is brief, what happens there can shape how your case moves forward. If this is your first DUI, the outcome will depend not just on the facts of your arrest but on how early and effectively your defense begins.
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What Is a DUI Arraignment
The arraignment is your first court appearance after a DUI arrest. It is the point where the criminal case officially begins. The judge will state the charges filed against you and advise you of your constitutional rights and ask whether you plead guilty or not guilty or no contest. You will not be asked to present evidence or explain what happened. This is not the time to defend yourself or tell your side of the story. That comes later. Right now, the only thing the court needs to know is how you plead and whether you have legal representation.
Most DUI cases in Los Angeles are charged under California Vehicle Code section 23152, which covers driving under the influence of alcohol or drugs or driving with a blood alcohol level of 0.08 percent or higher. If your case involved a refusal to test, an accident or a high blood alcohol level, additional charges or sentence enhancements may also be included. Your attorney can waive the formal reading of the complaint but the charges still stand and the court must hear your plea before proceeding.
In almost all cases, especially if this is your first DUI and you have not yet reviewed the evidence, the best decision is to plead not guilty. This preserves your right to fight the charges and gives your attorney the opportunity to examine the arrest reports, test results and legal procedures used by law enforcement. A not guilty plea is not a denial of what happened. It is a way to pause and review everything before deciding the best next step.
When and Where Your Arraignment Happens
If you were released after your arrest, your arraignment date will be printed on your citation or release paperwork. In Los Angeles, this date is typically set within a few weeks. If you were taken into custody and remained there, the arraignment must happen within two court days of the arrest. The courthouse assigned to your case depends on where the arrest occurred. DUI arraignments happen daily in courthouses like Metropolitan in downtown Los Angeles, Van Nuys, Airport Court in West LA and others across the county.
Whatever court you are assigned to, the arraignment is mandatory. If you fail to appear the judge will issue a bench warrant for your arrest. That means the next time you are stopped including a minor traffic violation, you could be taken into custody. It also makes it harder for your attorney to negotiate your case. If something serious comes up and you cannot attend, your attorney must file a motion in advance and explain the reason for your absence.
Can Your Attorney Appear for You
Yes, in most misdemeanor DUI cases your lawyer can appear at the arraignment without you being there. This is allowed under Penal Code section 977 and it applies to most first-time DUIs that do not involve injuries or felony charges. If you hire an attorney before the arraignment, you can often avoid the stress of showing up to court, waiting in line and standing before a judge. Your attorney can enter a not guilty plea for you, receive the next court date and begin the process of challenging the case.
Having a lawyer appear on your behalf sends a clear message to the court that you are taking the matter seriously. It also prevents you from making any statements in court that could later be used against you. If your case involves factors that require your presence, your attorney will let you know in advance and help you prepare.
What the Judge Might Decide at This Hearing
In most first-time DUI cases, the judge will not make any major decisions beyond accepting your plea and setting future court dates. However, if your case involves a high blood alcohol level and a refusal to test or an accident, a prior DUI or a probation violation, the court may also consider whether to impose bail or conditions on your release.
In many cases, especially for first-time offenders with no criminal record, the judge will allow you to remain out of custody on your own recognizance. That means you do not have to post bail and you can return home while your case is pending. If the judge has concerns about public safety or whether you will return to court, bail may be set or conditions may be imposed such as alcohol monitoring or a promise to attend future hearings.
What Happens After the Arraignment
Once the arraignment is over, your case moves into the pretrial phase. This is where your attorney begins building your defense. The prosecutor will be required to turn over the evidence they intend to use against you. That includes the police report, body camera or dash cam footage, breath or blood test results and any witness statements. Your lawyer will review how the stop occurred and how tests were administered and whether your constitutional rights were violated.
If the officer lacked reasonable suspicion to pull you over or if the breath machine was improperly calibrated or if the blood sample was mishandled then your attorney can file motions to suppress that evidence or challenge its reliability. Every DUI case is different but every case deserves a defense that looks deeper than just the number on the breath test.
In some cases, we negotiate with prosecutors early and are able to resolve the matter through a reduced charge or a diversion program. In others, we proceed to evidentiary hearings and prepare for trial. The direction your case takes will depend on the strength of the evidence, the court where your case is assigned and the experience of your attorney.
What Happens If You Miss Court
Missing your arraignment is one of the biggest mistakes you can make. The judge will issue a bench warrant that stays active until it is cleared. That means you could be arrested without warning. It also signals to the court and the prosecutor that you are not taking the process seriously. This can affect future negotiations, sentencing decisions and your ability to avoid jail.
If something unexpected comes up and you cannot appear please call your attorney immediately. Do not ignore the date and hope it goes away. It will not. Courts treat failures to appear very seriously, and it is always better to explain the situation in advance than to deal with the consequences later.
Will You Go to Jail at the Arraignment
For most first-time DUI cases in Los Angeles, you will not be taken into custody at the arraignment. If you were released after your arrest and there are no serious aggravating factors, the judge will usually allow you to remain free while the case proceeds. However, if the case involves a prior DUI, a serious accident, a very high BAC or a probation violation, the court may consider setting bail or imposing restrictions.
Your attorney will be prepared to argue for your release and explain your personal circumstances. Judges often consider whether you have a stable job, a supportive family and a history of appearing in court when making these decisions.
The First Step Matters
The arraignment may only last a few minutes but what happens there sets the tone for everything that follows. Pleading not guilty gives you time to understand the case including examining the evidence and making informed decisions about your future. It allows your attorney to begin negotiating and when possible, to push back against weak or unlawful charges before they gain traction.
This hearing is not just a formality. It is your first opportunity to protect your record, your license and your peace of mind. What you do before and after this hearing can shape the outcome of your case in powerful ways.
Talk to Us Before You Walk Into Court
If you have a DUI arraignment coming up in Los Angeles and you are unsure what to expect, do not wait until the last minute to get help. We have handled thousands of DUI cases and we know how the prosecutors and judges in this county approach these hearings. We will appear for you whenever the law allows, protect your rights from day one and begin building the defense you need before your case takes a turn you cannot reverse.
You do not have to go through this alone. Call us now and let’s get to work on protecting your future.