When you have been arrested for a DUI or DWI, there will be an arraignment, where you show up in court to be officially charged. Then you can enter a plea of guilty or not guilty. After you have appeared in court for this, you could prepare for trial, or work toward a plea bargain if you so choose. In order to make the right decisions as you face this proceeding, it is necessary to understand how the arraignment works, and what a plea bargain could mean.

At the arraignment, bail can be set, and if your charge is a misdemeanor offense, then you could be released on your own recognizance if you have not yet posted bail. You can have a lawyer with you for this proceeding, though this may not be necessary right away if you are going to plead "not guilty"; you could then hire legal representation for the trial. But if you want to enter a guilty plea or "nolo contodere" (no contest), then you may want to at least consult with a DUI attorney first. You could always plead guilty later, after an attorney has worked out a plea bargain.

In this proceeding, you would also be charged with prior DUI offenses if you have been convicted of a DUI before. Deny all these convictions (which is legally allowable), and this will open up the opportunity for a DUI attorney to later ask to strike a prior, that is, remove the record of any previous conviction for the rest of the proceedings. If a judge lets previous convictions affect your current sentencing, this would escalate the penalties.

You also are likely to have the right to a jury trial if you ask for one at the arraignment; it just depends on the state. You will probably not even have to ask for one, as this request is presumed in states that recognize this right. Perhaps the only time where you would prefer to face a judge instead of a jury is when your case involves legal technicalities. If you want to forego this right to a jury trial, you can do so even after the arraignment if necessary.

A trial may not always be the best option, so when do you want a plea bargain? This will depend on the specifics of your case; you should consult with a DUI defense lawyer about this. For example, perhaps you failed chemical tests. There is a difference between being borderline (a BAC of 0.08) and being way over the legal limit (a BAC of 0.12 or higher). In either case, however, juries tend to be convinced by blood tests. A plea bargain then is also known as sentence bargaining, that is, you enter a plea of guilty on the condition that you receive a lesser charge or sentence. Prosecutors are open to this option as this enables them to accrue a quick conviction. Depending on where you live, however, the option of plea bargaining can be closed off to you if your BAC was determined to be 0.08 or higher. In some cases, if alcohol was part of your charge at all, you could be limited to pleading down to a "wet reckless" charge and nothing less.

While not everything that happens at an arraignment is set in stone, it could still be a big piece of your case. In order to make the wisest decisions going forward, it would be invaluable to have the counsel of an experienced DUI defense attorney, who can explain your rights and your viable defenses. As these will vary from state to state and from case to case, it is important to work with someone familiar not only with your state's laws, but with your case as well. DUI charges are also highly time sensitive, so act now. Contact a DUI lawyer today!