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If you have been charged with Driving Under the Influence (DUI) in San Diego, your arraignment is the first and one of the most important steps in the criminal court process. This hearing determines how your case begins, what plea you enter, and whether you remain free while your case moves forward. How you handle your arraignment can shape the entire direction of your defense.
At the Law Offices of Anna R. Yum, San Diego DUI defense attorney Anna R. Yum has defended against DUI cases throughout San Diego County. As a former prosecutor at the Riverside County District Attorney’s Office, Anna Yum understands how the prosecution builds its case from the very first hearing and uses that knowledge to protect her clients’ rights from day one. California Office of Traffic Safety (OTS) rankings for the City of San Diego show DUI arrests that regularly rank in the top tier among similarly sized cities.
This guide explains what happens at a DUI arraignment in California, the rights you have during the hearing, the plea options available, and how an attorney can help you prepare. Call the Law Offices of Anna R. Yum at (619) 233-4433 for a free case evaluation.
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A DUI arraignment is your first formal court appearance after being arrested and charged with driving under the influence. Under California Penal Code § 825, if you remain in custody after your arrest, you must be brought before a magistrate without unnecessary delay and, in any event, within 48 hours, excluding Sundays and holidays. If the 48 hours expire when the court is not in session, the deadline extends to the next court session on the next judicial day.
During the arraignment, the judge reads the formal criminal charges against you, advises you of your constitutional rights, and asks you to enter a plea. This hearing also determines whether bail will be set, modified, or waived. For most first-time misdemeanor DUI cases in San Diego, you may be released on your own recognizance, meaning no bail payment is required.
It is important to understand that the arraignment is not a trial. You will not argue your case or present evidence at this stage. The purpose of the hearing is to formally begin the legal process and establish how your case will proceed.
Key Takeaway: A DUI arraignment is your first court appearance after arrest. California law requires in-custody defendants to be arraigned within 48 hours. The judge reads the charges, explains your rights, and asks you to enter a plea.
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Several things occur during a DUI arraignment hearing at the San Diego Superior Court. Understanding each step can help you feel more prepared and less anxious about the process.
The judge or magistrate formally reads the charges filed against you. In most DUI cases, the San Diego County District Attorney’s Office files charges under California Vehicle Code Section 23152(a), which prohibits driving under the influence of alcohol, and Vehicle Code Section 23152(b), which prohibits driving with a blood alcohol content (BAC) of 0.08% or higher. Most defendants are charged under both statutes.
If your case involves injuries, you may also face charges under Vehicle Code Section 23153 (VC 23153), which covers DUI causing injury and can be filed as a felony.
The judge will inform you of your constitutional rights, including:
The judge will then ask you to enter a plea. Your options are discussed in detail in the section below.
The judge may set, modify, or release bail during the arraignment. In DUI cases with aggravating factors, such as a high BAC, a collision, or prior DUI convictions, the court may impose bail or set conditions of release. Common release conditions in San Diego DUI cases include attending Alcoholics Anonymous (AA) meetings, wearing an alcohol monitoring device, or agreeing not to consume alcohol while the case is pending.
Key Takeaway: At a San Diego DUI arraignment, the judge reads the charges, explains your rights, asks for a plea, and addresses bail. The San Diego Superior Court handles DUI arraignments across its Central, North County, South County, and East County divisions.
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When the judge asks you to enter a plea, you have three primary options. Each carries different consequences for how your case moves forward.
| Plea | What It Means | What Happens Next |
|---|---|---|
| Not Guilty | You deny the charges and request a trial | Case proceeds to pretrial conferences and potentially trial |
| Guilty | You admit to the DUI charges as filed | The court may sentence you immediately or schedule a sentencing hearing |
| No Contest (Nolo Contendere) | You do not admit guilt but accept the punishment | Treated like a guilty plea in the criminal case; in misdemeanor cases, a no-contest plea generally can’t be used as an admission in a related civil lawsuit. |
In most cases, your attorney will advise you to plead not guilty at the arraignment. This preserves your rights, gives your defense team time to review the evidence, and allows your attorney to negotiate with the prosecutor. Pleading not guilty does not prevent you from accepting a plea deal later in the process.
If you do not have an attorney at the time of your arraignment, entering a not guilty plea is generally the safest option until you can consult with a DUI lawyer.
Key Takeaway: Most DUI defense attorneys recommend pleading not guilty at the arraignment. This gives your attorney time to review the discovery, challenge the evidence, and negotiate with prosecutors before making any decisions about your case.
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Anna R. Yum is a nationally recognized criminal defense attorney and the founder of the Law Offices of Anna R. Yum in San Diego. She earned her Juris Doctor (J.D.) from the University of San Diego School of Law and her Bachelor of Science from Northwestern University, where she double-majored in International Studies and Communication Studies. While in law school, she was inducted into the Order of Barristers, a national honor recognizing the top oral advocates in her graduating class, and served as a judicial extern for the Honorable Robert M. Takasugi, Senior Judge in the United States District Court for the Central District of California.
Before founding her firm, Anna Yum served as a prosecutor at the Riverside County District Attorney’s Office, where she was nominated for Misdemeanor Deputy District Attorney of the Year and conducted dozens of jury trials. She is licensed to practice in California and Illinois, including the United States District Courts for the Southern and Central Districts of California. Her accolades include selection as a Super Lawyers Rising Star (recognizing the top 2.5% of attorneys under 40 in California), recognition by the National Trial Lawyers as a Top 100 Trial Lawyer and Top 40 Under 40, and an Avvo rating of 10.0 out of 10.0. She is a member of the San Diego Criminal Defense Lawyers Club, an invitation-only organization for top criminal defense attorneys in San Diego.
I can’t thank Logan enough for the help and support he provided during a very difficult time for our family. He represented my son in a criminal case and was incredibly helpful from the very beginning. Logan was not only knowledgeable and…
This is the second time the Law Offices of Anna Yum help me out with a DUI offense. Logan helped me out on my case and managed to get my second DUI reduced to a wet reckless. During this hectic time, this team made communication & paperwork…
The timing of your arraignment depends on whether you remain in custody after your arrest or are released.
If you are held in custody, California Penal Code Section 825 requires the court to arraign you within 48 hours of your arrest, excluding Sundays and court holidays. In San Diego, in-custody arraignments typically take place at the San Diego Central Courthouse located at 1100 Union Street in downtown San Diego.
If you are released after booking, the arresting officer will give you a citation with a future court date for your arraignment. This date may be weeks or even months after your arrest. The specific courthouse where you must appear depends on where your arrest occurred. DUI cases in San Diego County are assigned to one of four courthouse divisions:
Your citation will specify which courthouse to report to and the date and time of your hearing.
Key Takeaway: In-custody arraignments must occur within 48 hours. If released, your arraignment date appears on your citation and may be scheduled weeks later. San Diego County has four courthouse divisions that handle DUI cases.
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Most DUI charges in California are misdemeanors. However, a DUI can be charged as a felony under certain circumstances. The arraignment process differs depending on the charge level.
A first, second, or third DUI offense within a ten-year period is typically charged as a misdemeanor under California law. At a misdemeanor arraignment, the judge reads the charges, advises you of your rights, and asks for a plea. If you plead not guilty, the court schedules a pretrial conference, usually two to three weeks later.
Penal Code § 977 allows counsel-only appearances in many misdemeanor cases, but in misdemeanor DUI cases, the court may order a defendant to be present for arraignment, at the time of plea, and/or at sentencing. In qualifying cases, the San Diego Superior Court also allows attorneys to handle a misdemeanor DUI arraignment through a counter/fax procedure under local rule 3.1.2 (CRM-140/CRM-141).
A DUI may be charged as a felony if you have three or more prior DUI convictions within ten years, if someone was injured or killed, or if you have a prior felony DUI conviction. Felony DUI cases involve two separate arraignment hearings. The first occurs at the beginning of the case, similar to a misdemeanor arraignment. If the judge determines there is sufficient evidence at the preliminary hearing, a second arraignment takes place in the superior court trial division.
You must appear in person at all felony arraignment hearings.
Key Takeaway: Misdemeanor DUI arraignments are simpler and may allow limited attorney appearances at later hearings, but you must appear personally at the initial arraignment. Felony DUI cases involve two arraignments and require your presence at every hearing.
For most misdemeanor cases in California, Penal Code Section 977 allows an attorney to appear on your behalf without you being present. However, DUI charges under Vehicle Code Sections 23152 and 23153 are among the specific exceptions to this rule.
In misdemeanor cases, Penal Code § 977 often permits appearance through counsel, but in DUI cases, the court may require you to appear in person at arraignment, at the time of plea, and/or at sentencing. If your case qualifies, the San Diego Superior Court also permits a counter/fax arraignment handled by your attorney under local rule 3.1.2 (CRM-140/CRM-141).
That said, San Diego County does offer a counter or fax arraignment option for certain misdemeanor DUI cases. Under the San Diego Superior Court’s local rules, an attorney may enter a not guilty plea and waive time on your behalf using the Counter/Fax Arraignment form (SDSC Form CRM-141), provided your case meets certain eligibility requirements.
Under CRM-140, a defendant is ineligible for counter/fax arraignment if they are in custody, the case is related to domestic violence or child abuse, the matter is prosecuted by the Consumer Fraud or Code Enforcement Divisions of the San Diego City Attorney’s Office, a victim has exercised the right to be present at arraignment, or previously posted bail/bond has been forfeited. CRM-140 also notes that certain DUI cases, such as BAC .20+, a prior DUI within two years, two or more priors, or a child under 14 in the vehicle, will be set for a readiness conference within three weeks following counter/fax arraignment.
Anna R. Yum of the Law Offices of Anna R. Yum can advise you on whether the counter arraignment option is available for your case and handle the process for you.
Key Takeaway: California law generally requires personal appearance at a DUI arraignment. San Diego Superior Court does allow limited counter or fax arraignments for qualifying misdemeanor DUI cases, which can save you from missing work to attend court.
At the arraignment, the judge determines whether to set bail, release you on your own recognizance (O.R. release), or hold you in custody pending trial. Several factors influence this decision.
For a standard first-offense misdemeanor DUI without aggravating factors, most San Diego judges allow an O.R. release, meaning you sign a written promise to return to court without posting any money. However, the judge may impose conditions of release even without bail.
Factors that may lead to bail or stricter release conditions include:
If bail is set, you or a bail bondsman must post the required amount before you are released. The bail amount for DUI cases in San Diego County is set according to the county’s bail schedule, though the judge has discretion to adjust it based on the specific facts of your case.
Key Takeaway: Most first-offense misdemeanor DUI cases in San Diego result in an O.R. release at the arraignment. Aggravating factors like high BAC, prior convictions, or an accident may lead to bail requirements or additional release conditions.
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A DUI arraignment is a critical step in the criminal court process. The decisions made at this stage, including the plea you enter and any release conditions imposed by the judge, will directly influence the course and strategy of your case moving forward.
Anna R. Yum has defended DUI cases in San Diego for over 18 years. As a former prosecutor, she handled DUI cases from the other side of the courtroom and understands how the San Diego County District Attorney’s Office and the San Diego City Attorney’s Office approach these charges. She has tried jury and bench trials and knows how to challenge breathalyzer results, question the legality of traffic stops, and negotiate with prosecutors for reduced charges or dismissals.
Call the Law Offices of Anna R. Yum at (619) 233-4433 to schedule a free consultation about your DUI arraignment. Our office is located at 501 W. Broadway, Suite 1660, in Downtown San Diego.
If you remain in custody after your arrest, California law requires you to be arraigned within 48 hours, excluding Sundays and court holidays. If you are released after booking, the arraignment date listed on your citation may be weeks or even months later. The specific timing depends on how quickly the San Diego County District Attorney’s Office or the San Diego City Attorney’s Office files formal charges.
Pleading guilty at the arraignment means you accept the charges and the penalties without giving your attorney a chance to review the evidence. In many DUI cases, there are valid defenses that can lead to reduced charges or a dismissal. Working with an attorney as soon as possible allows you to have the time needed for your legal team to analyze the evidence and build your case.
Prosecutors sometimes offer plea deals at the arraignment. However, this is rarely the best time to accept an offer because neither your attorney nor you have had the opportunity to review the full discovery packet. Once you see the police reports, chemical test results, and other evidence, your attorney may be able to negotiate a better outcome.
Failing to appear at your scheduled arraignment can result in the judge issuing a bench warrant for your arrest. You may also face additional criminal charges under California Penal Code Section 1320 for failure to appear. If you realize you missed your date, contact an attorney immediately. Anna R. Yum can help you address an outstanding warrant and get your case back on track.
California law generally requires personal appearance at a DUI arraignment. However, the San Diego Superior Court allows qualifying misdemeanor DUI cases to be arraigned through a counter or fax arraignment process, where your attorney enters a not guilty plea on your behalf. Your attorney can advise you on whether your case qualifies for this option.
For most first-offense misdemeanor DUI cases, you will not be taken into custody at the arraignment. The judge typically allows an O.R. release or sets reasonable bail. However, if you have prior DUI convictions, an extremely high BAC, or your case involves an accident with injuries, the judge may impose bail or order you to remain in custody.
Bail amounts for DUI cases in San Diego County follow the county’s bail schedule. San Diego County’s bail schedule lists bail for misdemeanor DUI under Vehicle Code § 23152(a) or (b) at $5,000 (bail schedules can change, and judges can adjust bail based on the facts of the case). Many first-time DUI defendants are released on their own recognizance without posting bail.
Don’t face criminal charges alone – get prosecutorial insight working for your defense today.
