If you were arrested for DUI, it’s normal to feel like everything is happening at once—police report, DMV deadlines, and now a court date. The good news is the criminal case follows a fairly predictable sequence of steps.
California Courts provides a straightforward overview of how a criminal case typically works: charges are filed → arraignment → pretrial activities → trial → sentencing (with some cases ending earlier through dismissal or a plea deal).
What You Should Do Right Now (Practical Checklist)
- Don’t miss court dates. Arraignment is typically the first date and sets the schedule.
- Don’t miss DMV deadlines. (See your DMV hearing page.)
- Write down your timeline while it’s fresh (stop, tests, statements, witnesses, locations).
- Preserve evidence (photos, messages, receipts, and any video sources near the stop area).
- Talk to a DUI attorney early so discovery requests and pretrial strategy start before the case snowballs.
This page and website provide general information in plain English, not legal advice. Laws and local court/DMV practices vary and can change, so don’t rely on this content for your case—talk to a qualified attorney promptly to review your specific facts, especially if you face charges, a DMV action, or a deadline. In many cases, you’re fighting two battles at once: the DMV process and the criminal court case.
Step 1: Charges Are Filed (How Your DUI Case Starts)
Before you ever stand in front of a judge, the prosecutor typically files a Complaint—a document that identifies who is accused, what crime(s) are charged, and when the alleged offense occurred.
For a DUI, the complaint commonly includes:
- a “standard DUI” count (often DUI or DUI-per-se), and sometimes
- additional counts or allegations if there was a crash, injury, refusal, or prior history.
Key point: Not every case goes through every step. California Courts notes many cases resolve without trial through a plea deal or because there’s a legal reason the case can’t proceed.
Step 2: Arraignment (Your First Court Date)
California Courts explains the arraignment is usually the first court date in a criminal case. At arraignment, the defendant:
•finds out what they’re charged with,
•is informed of important constitutional rights (including the right to a lawyer),
•and the judge sets the next court dates.
What happens at arraignment
At the arraignment, the judge typically:
•tells the defendant what the charges are,
•explains key rights (right to counsel, right to remain silent, right to a speedy trial, right to a jury trial, and related rights),
•addresses whether an attorney is appointed if the defendant can’t afford one,
•and asks how the defendant pleads (commonly guilty, not guilty, or no contest).
If the person is in custody, the judge may also address bail or release conditions at arraignment.
“Waiving time” and scheduling
California Courts also warns defendants should get legal advice before “waiving time,” because it affects deadlines and when court dates are set.
Step 3: Pretrial (Discovery, Motions, and Negotiations)
After arraignment, California Courts explains there is a pretrial period. During pretrial:
• the prosecution and defense share information (discovery),
• there are court dates aimed at reaching an agreement or planning for trial,
• and either side can ask the judge to decide legal issues by filing a motion.
Discovery (the evidence exchange)
California Courts explains discovery is when both sides share information and evidence. It also notes that initial discovery is typically provided at the arraignment and often includes the police report and other materials like photographs or lab reports.
It further explains prosecutors must provide exculpatory evidence—information that hurts the prosecution’s case, such as evidence that may show the defendant is innocent or raises questions about witness credibility.
DUI-specific examples of “discovery your lawyer looks for”:
•police report narratives and timelines
•bodycam/dashcam footage (when available)
•breath or blood test records and lab paperwork (when applicable)
•witness statements
•collision reports if there was a crash
Pretrial conferences and plea negotiations
California Courts explains that after arraignment, the judge sets another court date, which may be called a pretrial conference or settlement conference. These dates are where lawyers discuss whether the case can be resolved by agreement.
One common resolution is a plea agreement, where the defendant pleads guilty or no contest in exchange for a certain sentence or dismissal of some charges. California Courts notes it’s the defendant’s decision whether to accept any offer, and the defense lawyer must communicate offers to the defendant.
Motions (legal fights before trial)
California Courts explains motions are when either side asks the judge to decide a legal issue in the case—often to protect the defendant’s rights if the government violated the law.
Common DUI motion themes (in plain English):
•Was the traffic stop legal?
•Was the arrest lawful?
•Should certain evidence be excluded because of a rights violation?
California Courts gives a general example of a motion to suppress evidence when police violated rights during a search.
Felony DUI note: preliminary hearing
California Courts explains that in felony cases there is generally a preliminary hearing, where a judge decides whether there is enough evidence for the case to go forward (not whether the defendant is guilty).
It also notes that for felony cases after a preliminary hearing, the prosecution files an “Information,” and trial timing depends on whether the defendant waives time—stating a trial must start within 60 days of the arraignment on the Information (with a statutory reference).
Step 4: Trial (If the Case Doesn’t Settle)
If the sides don’t reach an agreement and the case isn’t dismissed, it can go to trial. California Courts explains the trial is usually a jury trial, where a jury hears evidence and decides guilt or not. The defendant can ask for a judge trial instead.
California Courts outlines the main stages:
•jury selection (voir dire),
•opening statements,
•prosecution presents its case (and must prove each charge beyond a reasonable doubt),
•defense presents its case (or can choose not to; defendant has the right not to testify),
•closing arguments,
•jury instructions, deliberations, and verdict (including the possibility of a hung jury/mistrial).
DUI trial usually comes down to:
•the stop/arrest legality,
•whether the tests are reliable,
•and whether the prosecution can prove impairment and/or BAC beyond a reasonable doubt.
Step 5: Sentencing (If You Plead or Are Found Guilty)
California Courts explains that if the defendant pleads guilty/no contest, or is found guilty, then the judge decides the punishment—this is sentencing.
It also notes:
•If there was a plea agreement, the judge will typically impose the agreed-upon sentence; if not, the agreement usually falls apart and the defendant can withdraw the plea.
•If there was no plea agreement, the judge uses sentencing guidelines and considers the facts, sentencing laws, and arguments from both sides.
•The judge will also address victim compensation (restitution) where applicable.
How the DUI Court Case Connects to DMV (Two Separate Tracks)
Even though this page focuses on court, your site should repeatedly remind readers: the DMV track can move faster.
California DMV materials explain the DMV process can involve an administrative action against driving privilege and that DMV hearings are separate from court proceedings.
DUI Court Process FAQs
What happens at a DUI arraignment?
California Courts explains arraignment is typically the first court date where the defendant learns the charges, is informed of rights (including right to a lawyer), and is asked to enter a plea.
What happens after arraignment?
California Courts explains the case moves into pretrial, where discovery is exchanged, court dates are held to try to reach an agreement, and motions can be filed.
Do most DUI cases go to trial?
California Courts notes most criminal cases do not go to trial and may resolve by plea deal or legal reasons stopping the case.
Can my lawyer go to court for me on a misdemeanor DUI?
Penal Code 977 allows misdemeanor defendants to appear by counsel in many circumstances, though exceptions apply and courts can require personal presence in certain situations.
What if my DUI is charged as a felony?
California Courts explains felony cases generally involve a preliminary hearing where a judge decides if there’s enough evidence for the case to move forward, and that trial timing can be impacted by “waiving time.”