Is a Defense Lawyer Necessary for a DUI Arraignment?

Being arrested is an overwhelming experience; add to that an arrest for a DUI, which courts in Florida do not take lightly. It is important to know what to expect and what the steps are in the DUI court process. 

Even though you may know how the court handles a DUI charge, it is still crucial to make sure you have a lawyer from Stechschulte Nell Law by your side. A DUI charge will have negative consequences on your life, and you should have a team of specialized and experienced lawyers to fight for you and to help drop or reduce your charges.  

A DUI lawyer will help his or her client make strategic decisions and discuss how the defendant should plea. A DUI—and the plea that is entered—have potentially life-changing consequences and a plea should not be made without a lawyer present to advise them of their rights and how the case and court hearings may play out. Do not worry, if you cannot afford a private lawyer, the court will appoint you a lawyer. 

 

 

Keep Reading> Do I Need a Lawyer for a First-Time DUI in Florida? 

 

Arrested for a DUI? Call Stechschulte Nell Law  

 

At Stechschulte Nell Law we specialize in DUI charges. We understand that a DUI arraignment is a crucial step in the DUI process, and we want to positively impact your case outcome and help you avoid common, yet costly mistakes. 

 

Make your first call after your arrest to Stechschulte Nell Law at (813) 280-1244. We offer free consultations and are ready to act quickly—as you do not have much time between an arrest and the arraignment.  

 

What Happens After a DUI Arrest? 

 

Upon arrest for a DUI charge, the defendant will be placed in jail, which is usually for at least 8 hours on a DUI charge. Once in jail, there are two ways to be released: 

 

1. Release by posting bond 
2. Release on Own Recognizance or ROR 

 

When a defendant is released by posting bond, the entire bond, through either cash or money order, must be paid at the jail. These funds will be returned to whoever posted the bond at the end of the case if the defendant shows up for all the required court hearings. Alternatively, a bondsman can be paid a fee, usually 10%, and then they will post the bond. Keep in mind they may also require collateral to cover the bond. 

 

Whether the defendant is in jail still or out on ROR, the next step is the first appearance. A first appearance is held within 24 hours of the arrest and at this hearing, the judge will inform the defendant of the charges, discuss hiring or appointing an attorney, and may consider ROR or release by posting bond. 

 

Learn More> The True Costs of a DUI Conviction 

 

What is an Arraignment? 

 

After all the previous steps following a DUI arrest, the next step is the arraignment. An arraignment is the first actual courtroom appearance where the defendant is formally charged with a DUI. Up until this point, there are no formal charges. The arraignment is the first step in a defendant’s case to determine guilt or innocence. The plea that is entered during the arraignment will have lasting consequences. 

 

During an arraignment, the judge will: 

 

• Ask if the defendant has an attorney or needs to be appointed one. 
• List the charge(s) against the defendant. 
• Ask how the defendant would like to plea > not guilty, guilty, or no contest. 
• Determine the bail amount, if necessary. 
• Schedule future court dates for upcoming proceedings. 
• Gives evidence to the defendant or their lawyer. These may include police reports and chemical/blood test results. 

 

 

If a defendant pleads guilty or no contest during an arraignment the judge will proceed to sentencing. If a defendant pleads not guilty, the judge will set a pretrial hearing.  

 

How a Lawyer Can Help During an Arraignment 

 

As soon as you are arrested you should consult with an attorney. A lawyer, especially a reputable and knowledgeable lawyer at Stechschulte Nell Law, will be able to assist you through the court hearings and proceedings.  

A DUI lawyer will help his or her client make strategic decisions and discuss how the defendant should plea. A DUI—and the plea that is entered—have potentially life-changing consequences and a plea should not be made without a lawyer present to advise them of their rights and how the case and court hearings may play out. Do not worry, if you cannot afford a private lawyer, the court will appoint you a lawyer. 

 

Keep Reading> Do I Need a Lawyer for a First-Time DUI in Florida? 

 

Arrested for a DUI? Call Stechschulte Nell Law  

 

At Stechschulte Nell Law we specialize in DUI charges. We understand that a DUI arraignment is a crucial step in the DUI process, and we want to positively impact your case outcome and help you avoid common, yet costly mistakes. 

 

Make your first call after your arrest to Stechschulte Nell Law at (813) 280-1244. We offer free consultations and are ready to act quickly—as you do not have much time between an arrest and the arraignment.