DUI Court Procedure

By Lark Lewis, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed November 24, 2023

Most court systems deal with a large number of driving under the influence (DUI) cases. As a result, there's often a dedicated section of the criminal court system with separate court procedures for dispensing with DUI charges quickly and easily. This means your DUI case will likely finish more quickly, but knowing what to expect can be more challenging.

Read through the articles below to learn how DUI cases differ from other criminal cases so you can be prepared for what lies ahead. DUI law varies by state, so check your local laws or with a DUI attorney in your area for the best information.

Articles About DUI Arrests, Booking and Bail, and Arraignment

Click on any of the links below to access articles on arrests, booking and bail, and arraignments in DUI cases.

Arrest: Read this article to learn about the basics of an arrest, examples of lawful DUI arrests, and how to challenge an unlawful arrest by law enforcement.
Booking and Bail: Learn about how DUI and DWI suspects are processed after an arrest and the finer points of posting bail for release from custody.
Arraignment: This is an overview of the first court appearance in DUI case proceedings. During the arraignment process a suspect can enter a plea, which will set the tone for the rest of the trial.

Learn More About Preliminary Hearings, Trial, and Appeals

Click on any of the links below to access articles on preliminary hearings, trial, and appeals aspects of your DUI court procedure.

Preliminary Hearing: Read this article to find out what to expect at a preliminary or pretrial hearing. A preliminary hearing is when a judge decides whether the prosecution has enough evidence to continue with a trial.
Trial: Click here to learn more about the basics of a DUI trial. These trials are unusual because most drunk driving cases end at arraignment with a guilty plea or plea deal. It's less common to proceed with a trial in a DUI case.
Appeals: If you opt to go to trial in a DUI case and you lose, you may decide to appeal your case. Read about how to ask a higher court to review your case for legal errors following a DUI conviction.

You Don't Have To Solve This on Your Own – Get Legal Advice From a Criminal Defense Attorney

Meeting with a lawyer can help you understand your options and how to protect your rights in a DUI case, whether you're dealing with a first-offense misdemeanor or a felony resulting in a revoked driver's license following a deadly motor vehicle accident. Visit our attorney directory to find a DUI lawyer near you who can help you better understand your DUI offense and the DUI court process.

A defense lawyer can help you challenge evidence, including field sobriety tests or the results of chemical tests such as blood alcohol concentration (BAC) tests. A DUI defense attorney can guide you through the plea bargain process and help you avoid jail time.

Learn About DUI Court Procedure

Arrest

Read this article to learn about the basics of an arrest, examples of lawful DUI arrests, and how to challenge an unlawful arrest. This way, you’ll be prepared if you or a loved one is ever arrested for DUI.
Booking & Bail

Everyone knows that booking and bail happen sometime before trial, but what exactly do those terms mean? Read about how DUI suspects are processed after an arrest and the finer points of posting bail for release from custody.
Arraignment

This is an overview of the first stage of courtroom-based DUI case proceedings, where the suspect enters a plea, which will set the tone for the rest of the trial.

Preliminary Hearing

ead this article to find out what to expect at a preliminary hearing, where the judge decides whether the prosecution has brought enough evidence to continue with the trial.
Trial

Click here to discover the basics of a DUI trial. These trials are unusual because most drunk driving cases end at arraignment with a guilty plea, but some brave defendants choose to go to trial instead.
Appeals

If a DUI defendant chooses to go to trial, and loses, he may decide to appeal his case. Read about how an individual convicted of a DUI may ask a higher court to review the case for legal errors.