At your DUI Arraignment Court Hearing the Judge will go over basic information about you (name/date of birth - want to make sure got right person) and your legal constitutional rights at arraignment (form that you will sign and submit to Court). Your attorney will then (1) acknowledge receipt of the DUI complaint from the prosecutor, (2) waive any formal reading of the DUI charge and (3) enter a not guilty plea to the Court on your behalf. The Court will then determine if there was probable cause (PC) for the stop/arrest, which can be challenged in a later Motions Hearing. (as a practice, most DUI attorneys will stipulate{agree} to PC for purposes of that hearing only) The Judge will then proceed to set conditions of your release pending the outcome of your case and this may include fairly standard DUI/Physical Control conditions such as:
- Not operating a motor vehicle without a valid license or insurance;
- No refusal of a breath/blood/drug test upon reasonable request of law enforcement officer;
- No new criminal law violations;
- No consumption of alcohol, controlled substances or non-prescribed medications;
- Appear for all scheduled court dates;
- Report any change of address to the court.
The conditions ultimately set depend on your prior driving/criminal history and the specific facts (i.e high breath test or accident) of your case. The concern is whether or not you are a threat to the community (i.e. will continue to drink and drive) or you are a flight risk (not likely to show up for court).
The Court can also impose additional conditions such as: requiring the IID (ignition interlock device) on any vehicles you may drive, impose EHM (electronic home monitoring - house arrest) or set Bail (i.e. $500.00 plus) to minimize and/or mitigate your potential threat to the community or to secure your appearance. You will also receive a pre-trial hearing date (the next court date), typically 30-45 days in advance.
