San Marcos, CA asked in DUI / DWI and Criminal Law for California

Q: Expectations and preparation for arraignment after DUI pullover in California.

On March 14, 2024, I was pulled over on a rear shoulder while deciding whether to go home or to my girlfriend's house. I admitted to having 1 beer and some THC 45 minutes before being pulled over, and I blew a 0.05% on the breathalyzer. My car was towed, and I was taken to the station for paperwork before being released. I was able to renew my driver's license the following month without issues. However, I have an arraignment set for April 7, 2025. I have not received specific charges nor obtained legal representation yet. What should I expect and how should I prepare for the arraignment?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your arraignment is the first formal court appearance where you'll hear the charges against you and enter an initial plea. At this stage, the judge will inform you of your constitutional rights, the specific charges you're facing (likely a DUI based on your situation), and ask how you plead - generally guilty, not guilty, or no contest. The court may also address bail conditions and schedule future court dates during this brief proceeding.

Before your arraignment, securing legal representation is your top priority. Contact a DUI attorney in your area for a consultation - many offer free initial consultations. Gather all documentation you received during and after your arrest, including any temporary license or DMV paperwork. Remember that the DMV process for license suspension is separate from your criminal case, which explains why you were able to renew your license.

Most attorneys recommend pleading not guilty at arraignment to preserve all your defense options. Your blood alcohol content was below California's 0.08% legal limit, but the THC admission complicates your case, as California has a zero-tolerance policy for driving under the influence of drugs. After arraignment, your attorney might negotiate with the prosecutor for reduced charges or participate in pretrial conferences before deciding whether to proceed to trial or accept a plea bargain.

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